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Planning and Environmental Commission
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ACTION FORM
DeparEnent of Community Devdopment
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 faxt 970.479.2452
web: www.ci.vail.co.us
Project Name: AMENDMENTTO SDD #22 PEC Number: PE@50056
Prcject Description:
AMENDMEIIT TO SDD#22 TO ALLOW FOR GRFA CALCS AND TO RESUBDMDE LOT 5
Participants:
owNER JOHNSON,SANKEYA.&CAROLYN0ilOL|Z00'
2310 HUNTINGTON POINT RD W
WAYZATA
MN 55391
APPUCANTDAUPHINAITPAT OilOtlz0f5Phone:970-476-8055
GRAND TMVERSE H.O.A,
P.O. BOX 1515
VAIL, CO 81658
Project Addrcss: 1410 MOMINE DR VAIL Location:
1410 MORAINE DRIVE
LegalDescription: LoU 5 Block: Subdivlsion: DAUPHINAIS-MOSELEY FIL 1
Parcel Number: 2103-122-0903-1
Comments: See Conditions
BOARD/STAFF ACTION
Motion By: Jewitt Action: APPROVED
Second By: Lamb
Vote: 4-0-0 Dateof Apprcvalt 0912612Q05
Conditions:
Cond:8
(PIAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: CON0007784
That the applicant not record the proposed plat Amended Final Plat: A Resubdivision
of Lot 5, Amended Final PlaH Dauphinais-Moseley SuMivision Filing 1: A
Resubdivision of Lots 5, 6, 7 , 8, 9, and 10, until both readings of an ordinance to
amend SDD No. 22, Grand Traverse, without GRFA limitations has be adopted by Town
Council. If an ordinance to adopt SDD No. 22, Grand Traverse, without GRFA
limitations is not approved by Town Council that a GRFA limitation on the ne$J Lot 5
and 7 will be 3,157 square feet for each lot and the SDD will be amended and adopted
according to Town of Vail Code.
Cond: CON0007785
That the applicant revise the tiUe of the plat to state Amended Final Plat: A
Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley SuMivision Filing 1:
to submitting the mylar copies for recording.
Planner: Warren Campbell PEC F€e Paid: $1,250.00
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
VailTown Council
Community Development Department
January 3, 2006
Second reading of Ordinance No. 25, Series of 2005, an ordinance repealing
and reenacting Ordinance 9, Series of 1998 amending Special Development
District No. 22, Grand Traverse, and setting forth details in regard thereto.
Applicant:
Planner:
Pat Dauphinais, President of the Grand Traverse H.O.A.
Wanen Campbell
ll.
DESCRIPTION OF THE REQUEST
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a second reading of Ordinance No. 25, Series of 2005, an ordinance
repealing and reenacting Ordinance 9, Series of 1998 amending Special
Development District No. 22, Grand Traverse, and setting forth delails in regard
thereto. The purpose of Ordinance No. 25, Series of 2005, is to remove Gross
Residential Floor Area (GRFA) limitations from the SDD and rely on the remaining
development and architectural controls incorporated into the existing SDD and
increase the number of lots within the SDD from 22 to 23 lots.
The staff and applicant are requesting that the Town Council listen to a
presentation on the proposed ordinance and approve Ordinance No. 25, Series
of 2005, upon second reading.
BACKGROUND
On September 26,2005, the Town of Vail Planning and Environmental Commission
held a public hearing on a request to amend Special Development District No. 22,
Grand Traverse. The purpose of the amendment to the Special Development District
is to eliminate the Gross Residential Floor Area limitations within the Grand Traverse
residential development and an increase in the number of lots from 22 to 23 lots.
Upon review of the request, the Planning and Environmental Commission voted 4-0-
0 to fonnard a recommendation of approvral of the request to amend Special
Development District No. 22, Grand Traverse, to the Vail Town Council. A copy of
the staff memorandum to the Town of Vail Planning and Environmental Commission,
dated September 26, 2005, has been attached for reference.
On October 18,2005, the Town Council held a work session regarding the
applicant's proposal. Discussion of the applicant's proposal centered on how
Ordinance 14, Series of 2004, the ordinance amending GRFA affected the lots
located within SDD No. 22, Grand Traverse. Several members of Council expressed
concern over the elimination of GRFA, but agreed with the applicant and the
homeowners present at the meeting that some amendment should be enacted in
order for Ordinance 14, Series ot 2004, to better apply to lots within SDD No. 22,
Grand Traverse. Other members of Council were comfortable with the proposal.
Staff was directed to compile additional information and the application was tabled to
November 15,2005.
On November 15, 2005, the Town Council tabled the application without discussion
to the December 6, 2005, meeting.
On December 6, 2005, the Town Council approved the first reading of Ordinance 25,
Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed).
On December 20, 2005, the Town Council tabled the application without discussion
to the January 3, 2006, meeting.
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 25, Series of 2005, on second reading.
IV. ATTACHMENTS
A. Vicinity Map
B. Draft of Ordinance 25, Series of 2005
C. Copy of the plat approved by PEC resubdividing Lot 5 within SDD No. 22,
Grand Traverse
D. Table of statistics for SDD No. 22, Grand Traverse, prepared by staff
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Attachment: A
ORDINANCE NO.25
Series of 2005
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.9,
SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO.22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF
GROSS RESIDENTTAL FLOOR AREA (GRFA) WtTHtN THE D|STR|CT AND THE
NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 9 of the Vail Town Code authorizes Special
Development Districts within the Town; and
WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998
Special Development District No.22, Grand Traverse; and
WHEREAS, The president of the Grand Traverse H.O.A. has requested to
amend the existing Special Development District No. 22; and
WHEREAS, Section 12-9A-10 of the Vail Town Code provides
procedures for major amendments to existing Special Development Districts; and
WHEREAS, The applicant has complied with the requirements outlined in
Section 12-9A-10 of the Vail Town Code; and
WHEREAS, The Special Development District provides for creativity and
flexibility to allow for the development of land within the Town of Vail; and
WHEREAS, On September 26, 2005, the Planning and Environmental
Commission held a public hearing on the major amendment proposal and has
recommended that certain changes be made to Special Development District No.
22, Grand Traverse; and
WHEREAS, The Town Council considers that it is reasonable, appropriate,
and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
re-enact Ordinance No. 9, Series of 1998 to provide for certain changes in Special
Development District No. 22, Grand Traverse.
Aftachment: B
o
NOW, THEREFORE: BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby
repealed and re-enacted to read as follows:
Text to be deleted is shown as stdlte{hreugh and text to be added is shown in
bold.
Section 1. Amendment Procedures Fulfilled. Plannino Commission Report
The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail
Town Code have been fulfilled, and the Vail Town Council has received the report
of the Planning and Environmental Commission recommending approval, of the
proposed development plan for Special Development District No. 22.
Section 2. Soecial Develooment District No. 22
Special Development District No. 22 (SDD 221and the development plan
therefore, are hereby approved for the development of Lots 1 through 19, Block 2,
Lionsridge SubdiMsion Filing 3 within the Town of Vail consisting of 10.69 acres.
Section 3. Puroose
Special Development District No. 22 is established to ensure mmprehensive
development and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town
by the Town Council and meets each of the design standards and criteria as set
forth in Section 12-9A-8 of the Vail Town Code. There are significant aspects of
Special Development District No. 22 that are difficult to satisfy through the
imposition of the standards of the underlying Primary/Secondary Residential Zone
District. Special Development District No. 22 allows for greater flexibility in the
development of the land than would be possible under the current zoning of the
property. The smaller single.family lots provide the opportunity for a common
open space for the subdivision as well as the means to preserve the southerly
ridge line of the property. Special Development District No. 22 provides an
appropriate development plan to preserve the visual quality of the site from within
the subdivision as well as adjacent properties in the community in general.
Section 4. Develooment Plan
The development plan for SDD 22 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Dauphinais-Moseley Construction and
consists bf the following documents:
1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado,
Intermountain Engineering, dated July 7, 1998.
2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998.
3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-
19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of
Eagle, State of Colorado, sheets 'l and 2,lntermountain Engineering Limited,
dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision
Filing No. 1, A Resubdivision of Lots 5,6,7,8,9710, Town of Vail, County
of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998,
and Amended Final Plat A Resubdivision of Lot 5, Amended Final Plat:
Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6,
7, 8, 9, and 10, Town of Vail, Countyr of Eagle, State of Colorado,
Intermountain Engineering, dated _, 2005.
4. Construction, grading and drainage drawings for a resubdivision of Lots 1-
19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town
of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets
1-8, dated March 9, 1989.
5. Soils and Foundation lnvestigation for Lots 1-24, Lionsridge Sth Filing.
6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990.
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7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August
23, 1990, July 21 , 1998, and _, 2005.
B. The development standards shall be as follows:
1. Acreaoe: The total acreage of this site is 10.69 acres
or 465,650 square feet.
2. Permitted Uses: The permitted uses for SDD 22 shall
be:
a. Single family residential dwellings
b. Open space
c. Public roads
d. Employee dwelling units as defined in Section 5, paragraph G of this
ordinance.
3. ConditionalUses:
a. Public utility and public servic,e uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Public park and recreation facilities
4. Accessorv Uses:
a. Privategreenhouses,toolsheds,playhouses,
garages or carports, swimming pools, patios, or recreation facilities
customarily incidental to single-family uses.
b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-14-12 of the Vail Town
Code.
c. Other uses customarily incidental and acces.sory to permitted or
conditional uses, and necessary for the operation thereof.
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1, Garage spaees ef up te three hundred (300) square feet per garage
the tep side ef the struetu'el mernbers ef the fleer ts the underside ef the
thi*Vinenes+Be+
square feet in area; with five feet er leee ef eeiling height' as meaeured
frem the surfaee ef the earth te the underside ef struetural fleer
feature/spaee with ne mere than three exterier-walls and a minimum
epeni
epening is eentigueus and fully epen frem fleer te eeiling' with an
GRFA shall be ealeulated by measuring the tekl Euare feetage ef a
building as set fod ieipat Cede
Exeluded areas as set ferth in paragraph Ashall ther be dedueted frem
tetalequ€f€J€elege
iat rleer
area (€RFA) shall be permitted fer eaeh allewable dwelling unit net te inelude any
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65. Setbacks: Minimum setbacks shall be as indicated on the approved site
development plan by lntermountain Engineering, dated July 7, 1998. A 4-foot
roof overhang shall.be allowed in the front setback for Lots 15-19, provided the
rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in
the rear setback of Lots 2O-24, provided the front setback is increased by 4 feet.
Roof overhangs shall be allowed to encroach up to 2'feet into the required side
setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5
feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-1 4
and Lots 20-24. No other setback encroachments shall be allowed.
76. Densitv: Approval of this development plan shall permit a total of 23 23 single-
family dwelling units on the entire property. A minimum of 6 employee dwelling
units shall be required. A maximum ot *23 employee dwelling units shall be
permitted on the entire property.
87 . Buildino Heioht Fer a fiat reef er mansard reef; the height ef the buildi+rg shall-net
exeeed4$beb For a sloping roof, the height of the building shall not exceed 33
feet. The height calculation shall be made by measuring from the existing grade
as indicated on the lntermountain Engineering Topographical Survey dated March
13, 1990 or finished grade. Height shall be calculated per Section 12-2-2 of the
VailTown Code.
98. Site Coveraqe: Not more than 25 percent of the total site area on each lot shall be
covered by buildings. with the exeeBtien ef tet 6, en tet 6; net mere than 20
ing "Site coverage" shall
mean the ratio of the total building area on a site to the total area of a site,
expressed as a percentage. For the purpose of calculating site coverage,
"building area" shall mean the total horizontal area of any building as measured
from the exterior face of perimeter buibing walls or supporting columns above
grade or at ground level, whichever is the greater area. Building area shall include
all buildings, carports, porte cocheres, arerdes, and covered or roofed walkways.
In addition to the above, building area shall also include any portion of roof
overhang, eave, or covered stair, covered deck, covered porch, covered terrace or
covered patio that extends more than four feet from the exterior face of perimeter
building walls or supporting columns.
*99. Parkino: Parking shall be as required in Title 1 2, Chapter 10 of the Vail Town
Code. Each employee dwelling unit shall be required to have at least one
enclosed garage parking space.
f*10. Desion Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the Special
Development District No. 22. The guidelines are as follows:
a. Architectural. The architectural design of the buildings upon the site shall
be such that buildings relate harmoniously to each other. This is not to
imply that each building must look exactly similar to those around it, but
that compatibility be achieved through the use of scale, materials and
colors, and building shape and form. The overriding concern is that, upon
completion, the Special Development District, because of the clustered
nature of the small single family lots situated around common open
b.
space, should appear to be an integrated development possessing a
common architectural quality, character, and appearance. To this end the
following general design criteria shall be followed by the developer and
individual lot owners:
A palette of colors shall be as set forth in the Lionsridge Color Palette
from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for
the use on different types of building materials and elements such as
stucco colors, siding colors, metal flashing, windows, accent colors, etc.
The palette of colors indicate a ranqe of acceptable colors in order to
encourage similarity on one hand, but also diversity within the acceptable
ranqe.
The following building stiandards and materials shall be adhered to:
Roof. The roof pitch shall be a minimum 8t12 anda maximum of 12112.
A gable, clipped gable or hipped roof shall be mandatory. Dormers shall
be allowed and reviewed by the Design Review Board. The roofing
material shall be cedar shake shingles with staggered butts.
Chimnevs. The chimneys shall be stucco with chimney caps of
weathered copper.
Flues. Allflues shall be galvanized or painted sheet metal, painted to
match the roof.
Main Fascia. The main fascia shall be a solid color stain, with brown,
taupe, or gray.
Secondarv Fascia and Metal Railinos above the First Floor. The
secondary fascia and metal railings above the first floor shall be a muted
accent trim color to be reviewed by the DRB.
Walls. Walls shall be of stucco and horizontal or vertical wood siding.
c.
(1)
(2)
(3)
(4)
(5)
(6)
Stucco colors shall be gray, beige or off-white. Wood siding colors shall
be gray, brown or taupe.
(7) Stone. Residences will have a minimum of a two foot high stone
wainscot in rainbow mix with a sandstone cap around the perimeter of the
structure except under deeks decks where substantially concealed by
landscaping.
(8) Windows. Windows located within stucco areas shall be-reeessed
have a minimum of two inches of relief from the outside wall plane and
have a sandstone sill. Trim shall be whiter taupe er brewn'
(9) Outdoor Liohtino, Outdoor lighting shall be indirect with a concealed
source except for an entry chandelier, two caniage lights and one pilaster
light which may be exposed globes with a fixture of black or weathered
copper look metal. The maximum number of outdoor lights permitted on
each lot shall be 15 regardless of lot size. Outdoor lights which conform
with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting
shall be reviewed by the DRB.
(10) Garaqes. No garage doors shall directly face the street, except on Lot 24
and Lot 14.
(11) A residential address/nameplate if desired by the owner shall be located
on the side of the garage facing the access point to the lot.
(12) When the individual landscape plans are designed for individual lots,
special care shall be taken in the design of side yard landscaping in order
to provide adequate screening between structures.
421 1. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the
rate for a single-family residential zone district.
10
Section 5. Conditions of Aporoval
A. The major amendment to Special Development District No. 22, Gr'and
Traverse, shall not be effective until the major subdivision is recorded by
the Town of Vail at the Eagle County Clerk and Recorder's Office.
B. The major subdivision shall be recorded at the Eagle County Clerk and
Recorder's Office prior to a building permit being released for any
construction on Lots 2, 5, 7,9 or 10,
C. The development of Special Development District No. 22 will have
impacts on the available employee housing within the Upper Eagle Valley
Area. In order to help meet this additional employee housing neeO, tfre
developer of Special Development District No. 22 shall provide employee
housing on site. The following restrictions shall apply to all employee
dwelling units within SDD No. 22:
1. The developer shall build a minimum of six employee dwelling
. units within the subdivision. Each employee dwelling unit shall
have a minimum square footage of 400 square feet not to exceed
800 square feet and is allowed to have a kitchen. The square
footage of an employee housing unit shall be measured from
the inside face of the walls creating the unit (i.e., not
including furring, Sheetrock, plaster, and other similar wall
finishes). The €RFA€nd number of employee units shall not be
counted toward allowable density €{€RFA for Special
Development District No. 22. The developer may choose to
transfer up to 300 sq. ft. etGRFAfrom the primary unit to the
employee unit.
The developer may
11
2.
provide up to 15 23 employee dwelling units including the 6
required dwelling units if so desired.
The employee dwelling units may be located on any of the lots
within the subdivision providing all the development standards are
met for each lot. Only one employee dwelling unit shall be
allowed per lot with a maximum of 46 23 units allowed. An
employee dwelling shall be incorporated into the structure of the
primary residence and shall not be allowed to be separated from
the primary unit. Each employee dwelling unit shall have at least
one enclosed garage parking space. This parking space shall not
be detached from the single-family garage or structure. Each
phase of construction shall include a minimum of one employee
dwelling unit until six employee dwelling units are constructed and
available for rental.
The Employee Housing Unit shall be leased to tenants who are
full-time employees who work in Eagle County. An EHU shall not
be leased for a period less than thirty consecutive days. For the
purposes of this section, a full-time employee is one who works an
average of thirly hours each week.
An EHU may not be sold, transfened, or conveyed separately
from any trve-family single-family dwelling it may be a part of.
The EHU shall not be divided into any form of timeshares, interval
ownership, or fractional fee ownership as those terms are defined
in the Municipal Code of the Town of Vail.
No later than February 1 of each year, the owner of each
employee housing unit within the town which is constructed
3.
4.
5.
6.
L2
7.
8.
following the effective date of this chapter shall submit two copies
of a report on a form to be obtained from the Community
Development Department, to the Community Development
Department of the Town of Vail and Chairman of the Town of Vail
Housing Authority sefting forth evidence establishing that the
employee housing unit has been rented throughout the year, the
rental rate, the employer, and that each tenant who resides within
the employee housing unit is a full-time employee in Eagle
Coun$.
The owner of each EHU shall rent the unit at a monthly rental rate
consistent with or lower than those market rates prevalent for
similar properties in the Town of Vail.
The Town of Vail Housing Authority will determine the market rate
based on the study of other units of mmparable size, location,
quality and amenities hroughout the Town. The market rate shall
be based on an average of a minimum of five rental rates of
comparable units. lf the unit is not rented and is not available at
the market rate it shall be determined to be in noncompliance. ln
addition to any other penalties and restrictions provided herein, a
unit found to be in noncompliance shall be subject to publication
as determined by the Housing Authority.'
The provisions of these restrictive covenants may be enforced by
the Orner and the Town.
The conditions, restrictions, stipulations, and agreements
contained herein shall not be waived, abandoned, terminated, or
amended except by the written consent gf both the Town of Vail
9.
10.
13
and the Owner of the property.
D. The architectural and landscape design guidelines shall be incorporated
into the subdivision covenants before the final plat is recorded at the
Eagle County Clerk and Recorde/s Office. The Town Of Vail shall be
party to these agreements.
Section 6. Amendments
Amendments to Special Development District No. 22 shall follow the procedures
contained in Section 18.40.100 of the VailMunicipalCode.
Section 7. Expiration
The applicant must begin construction of the Special Development District within 3 years
from the time of its final approval, and continue diligently toward completion of the
project. lf the applicant does not begin and diligently work toward the completion of the
Special Development District or any stage of the Special Development District within the
time limits imposed by the preceding subsection, the Planning and Environmental
Commission shall review the Special Development District. They shall recommend to
the Town Council that either the approval of the Special Development District be
extended, that the approval of the Special Development District be revoked, or that the
Special Development District be amended.
Fection 8.
lf any part, section, subsection, sentence, glause or phrase of. this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
t4
regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases by declared invalid.
Section 9.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper fgr the health, safety and welfare of the Town of Vail and
inhabitants thereof.
Section 10.
The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occuned prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as oommenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
15
Section 11.
All bylaws, orders, resolutions and ordinances, or parts thereol inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLTSHED ONCE lN FULL ON FIRST READING this 6th day of December, 2005 and a
public hearing for second reading of this Ordinance set for the 3' day of January, 2006,
at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED lN FULL this 3d day of January, 2006.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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cl|.r6 i-or<.rsr'oF@-3=S::PP:PPReNRN Attachment: D
o
MEMORANDUM
VailTown Council
Community Development Department
December 6, 2005
First reading of Ordinance No. 25, Series of 2005, an ordinance repealing
and reenacting Ordinance 9, Series of 1998 amending Special Development
District No. 22, Grand Traverse, and setting forth details in regard thereto.
o
Applicant:
Planner:
Pat Dauphinais, President of the Grand Traverse H.O.A.
Wanen Campbell
TO:
FROM:
DATE:
SUBJECT:
lr.
DESCRIPTION OF THE REQUEST
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a first reading of Ordinance No. 25, Series of 2005, an ordinance
repealing and reenacting Ordinance 9, Series of 1998 amending Special
Development District No. 22, Grand Traverse, and setting forth details in regard
thereto. The purpose of Ordinance No. 25, Series of 2005, is to remove Gross
Residential Floor Area (GRFA) limitations from the SDD and rely on the remaining
development and architectural controls incorporated into the existing SDD and
increase the number of lots within the SDD from 22 to 23 lots.
The staff and applicant are requesting that the Town Council listen to a
presentation on the proposed ordinance and approve Ordinance No. 25, Series
of 2005, upon first reading.
BAGKGROUND
On September 26, 2005, the Town of Vail Planning and Environmental Commission
held a public hearing on a request to amend Special Development District No. 22,
Grand Traverse. The purpose of the amendment to the Special Development District
is to eliminate the Gross Residential Floor Area limitations within the Grand Traverse
residential development and an increase in the number of lots ftom 22 to 23 lots.
Upon review of the request, the Planning and Environmental Commission voted 4-0-
0 to fonvard a recommendation of-approval of the request to amend Special
Development District No. 22, Granflraverse, to the Vail Town Council. A copy of
the staff memorandum to the Town of Vail Planning and EnMronmental Commission,
dated September 26, 2005, has been attached for reference.
On October 18, 2005, the Town Council held a work session regarding the
applicant's proposal. Discussion of the applicant's proposal centered on how
Ordinance 14, Series of 2004, the ordinance amending GRFA affected the lots
located within SDD No. 22, Grand Traverse. Several members of Council expressed
concern over the elimination of GRFA, but agreed with the applicant and the
homeowners present at the meeting that some amendment should be enacted in
order for Ordinance 14, Series o12004, to better apply to lots within SDD No. 22,
Grand Traverse. Other members of Council were comfortable with the proposal.
Staff was directed to compile additional information and the application was tabled to
November 15, 2005.
On November 15, 2005, the Town Council tabled the application without discussion
to the December 6, 2005, meeting.
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 25, Series of 2005.
IV. ATTACHMENTS
A. Vicinity Map
B. Draft of Ordinance 25, Series of 2005
C. Copy of the plat approved by PEC resubdiMding Lot 5 within SDD No. 22,
Grand Traverse
D. Table of statistics for SDD No. 22, Grand Traverse, prepared by staff
E. Memorandum to Planning and Environmental Commission dated September
26,2005
ORDINANGE NO.25
Series of 2005
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.9,
SERIES OF I99S'PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO.22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF
GROSS RESTDENTTAL FLOOR AREA (GRFA) WTHTN THE DISTR|CT AND THE
NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special
Development Districts within the Town; and
WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998
Special Development District No. 22, Grand Traverse; and
WHEREAS, The president of the Grand Traverse H.O.A. has requested to
amend the existing Special Development District No. 22; and
WHEREAS, Section 12-9A-10 of the Vail Municipal Code provides
procedures for major amendments to existing Special Development Districts; and
WHEREAS, The applicant has complied with the requirements outlined in
Section 12-9A-10 of the Vail Municipal Code; and
WHEREAS, The Special Development District provides for creatiMty and
flexibility to allow for the development of land within the Town of Vail; and
WHEREAS, There is an identified need for quality affordable housing in the
community; and
WHEREAS, On September 26, 2005, the Planning and Environmentral
Commission held a public hearing on the major amendment proposal and has
recommended that certain changes be made to Special Development District No.
22, Grand Traverse; and
WHEREAS, The Town Council considers that it is reasonable, appropriate,
and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
re-enact Ordinance No. 9, Series of 1998 to provide for certain changes in Special
Attachment: B
Development District No. 22, Grand Traverse.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby
repealed and re-enacted to read as follows:
Text to be deleted is shown as strke{hreugh and text to be added is shown in
bold.
Section 1. Amendment Procedures Fulfilled. Plannino Commission Reoort
The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail
Municipal Code have been fulfilled, and the Vail Town Council has received the
report of the Planning and Environmental Commission recommending approval, of
the proposed development plan for Special Development District No. 22.
Section 2. Special Development District No. 22
Special Development District No. 22 (SDD 22) and the development plan
therefore, are hereby approved for the development of Lots 1 through 19, Block 2,
Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres.
Section 3. Pumose
Special Development District No. 22 is established to ensure comprehensive
development and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town
by the Town Council and meets each of the design standards and criteria as set
forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects
of Special Development District No. 22 that are difficult to satisfy through the
imposition of the standards of the underlying Primary/Secondary Residential Zone
District. Special Development District No. 22 allows for greater flexibility in the
development of the land than would be possible under the current zoning of the
property. The smaller single-family lots provide the opportunity for a common
A.
open space for the subdivision as well as the means to preserve the southerly
ridge line of the property. Special Development District No. 22 provides an
appropriate development plan to preserve the visual quality of the site from within
the subdivision as well as adjacent properties in the community in.general.
Section 4. Develooment Plan
The development plan for SDD 22 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Dauphinais-Moseley Construction and
consists of the following documents:
1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado,
Intermountain Engineering, dated July 7, 1998.
Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998.
Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-
19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of
Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited,
dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision
Filing No. 1, A Resubdivision of Lots 5,6,7,8,9710, Town bf Vail, County
of Eagle, State of Colorado, Intermountain Engineering, dated July 21 , 1998,
and AmendEd Final Plat A Resubdivision of Lot 5, Anended Final Plat:
Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6,
7, 8, 9, and 10, Town of Vail, CounQl of Eagle, State of Colorado,
Intermountain Engineering, dated _,2005.
Construction, grading and drainage drawings for a resubdivision of Lots 1-
19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town
of Vail, Eagle County, Colorado, lntermountain Engineering Limited, sheels
1-8, dated March 9, 1989.
5. Soils and Foundation Investigation for Lots 1-24, Lionsridge Sth Filing.
6. Lionsridge Color Palette, Amold/Gwathmey/PrattArchitects, March 1990.
7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August
23, 1990, July 21, 1998, and
-,
-,
2005.
2.
3.
4.
B. The development standards shall be as follows:
1. Acreaqe: The total acreage of this site is 10.69 acres
or 465,650 square feet.
2. Permitted Uses: The permitted uses for SDD 22 shall
be:
a. Single family residential dwellings
b. Open space
c. Public roads
d. Employee dwelling units as defined in Section 5, paragraph G of this
ordinance.
3. Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Public park and recreation facilities
4. Accessorv Uses:
a. Privategreenhouses, toolsheds, playhouses,
garages or carports, swimming pools, patios, or recreation facilities
customarily incidental to single-family uses.
b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-1+12 of the Vail
Municipal Code.
c. Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
W
I 14688 +g7e 11195
1e 14429 4;070 .l;496
11 1q809 qt7l e;69€
12 12;991 4171 3;696
16 8;491 2;393 ^;718
6SB5H+.{€2
GRFA shall rnean the btal square feetage ef all level+ef a building; as measured
stefage
areas, Atties; erawl sBaees and reefed er eevered deeks; perehes; brraees er
paragrap#ele*
n, Witnin Uuitding
ffi
1" Garage epa€€s er up ts three hundred (300) square feet per ga'age
Cwelling unit and ene twe Bpac€s fer eaeh eenetrueted emPleyee unit,
the tep eide ef th+etrueturel members ef the fleer b th€ snderside ef the
eenstruetien ef a reef withtruss type members will be exeluded frem
tni*yinenes-apa+
3, €rawl speees aeeessible threugh an ePening net great€F+han twelve
equarefeefin area' witn n
frerr the surfaee ef the earth te the underside ef struetural fleer
'l' Reefed er eevered deeks; perehes; terraees; paties er eimilar
feature/spaee withne rnere than three exterier walls and a minimum
epening ef net less than2S% ef the lineal perimeter ef the area ef said
deek; pereh; tenaee; patie; er similar featur€/spae€ previCed the
ep€ni
l eguare feetage efa
Exeluded areas as set ferth in paragraph A shall then bededueted frern
tetat+qger€-feo{eg+
ln additien te the abeve; feur hundred twenty five equare feet ef gre€s residential fleer
@
65. Setbacks: Minimum setbacks shall be as indicated on the approved site
development plan by Intermountain Engineering, dated July 7, 1998. A 4-foot
roof overhang shall be allowed in the front setback for Lots 1$19, provided the
rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in
the rear setback of Lots 20-24, proided the front setback is increased by 4 feet.
Roof overhangs shall be allowed to encroach up to 2'feet into the required side
setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5
feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14
and Lots 20-24. No other setback encroachmenb shall be allowed.
76. Densitv: Approval of this development plan shall permit a total of 32 23 single-
family dwelling units on the entire property. A minimum of 6 employee dwelling
units shall be required. A maximum of *23 employee dwelling units shall be
permitted on the entire prqperty.
87. Buildinq Heiqht Fer a flat+eef er mansard reef; the height ef the building shall net
exeeed€€-fee{. For a sloping rool the height of the building shall not exceed 33
feet. The height calculation shall be made by measuring from the existing grade
as indicated on the lntermountain Engineering Topographical Survey dated March
13, 1 990 or finished grade. Height shall be calculated per Section 12-2-2 of the
Vail MunicipalCode.
98. Site Coveraqe: Not more than 25 percent of the total site area on each lot shall be
covered by buildings.
@a snattge eevereg gy in* "Site coverage" shall
mean the ratio of the total building area on a site to the total area of a site,
expressed as a percentage. For the purpose of calculating site coverage,
'buibing area" shall mean the total horizontal area of any building as measured
from the exterior face of perimeter building walls or supporting columns above
grade or at ground level, whichever is the greater area. Building area shall include
all buildings, carports, porte cocheres, arcades, and covered or roofed walkways.
In addition to the above, building area shall also include any portion of roof
overhang, eave, or covered stair, covered deck, covered porch, covered terrace or
covered patio that extends more than four feet from the exterior face of perimeter
building walls or supporting columns.
4e9. Parkinq: Parking shall be as required in Title 12, Chapter 10 of the Vail Municipal
Code. Each employee dwelling unit shall be required to have at least one
enclosed garage parking space.
*110. Desiqn Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the Special
Development District No. 22. The guidelines are as follows:
a. Architectural. The architectural design of the buildings upon the site shall
be such that buildings relate harmoniously to each other. This is not to
imply that each building must look exactly similar to those around it, but
that compatibility be achieved through the use of scale, materials and
colors, and building shape and form. The overriding concern is that, upon
completion, the Special Development District, because of the clustered
nature of the small single family lots situated around common open
space, should appear to be an integrated development possessing a
common architectural quality, character, and appearance. To this Ond the
following general design criteria shall be followed by the developer and
individual lot owners:
b. A palette of colors shall be as set forth in the Lionsridge Color Palette
from Amold/Gwathmey/Pratt dated March 1990. Colors are indicated for
the use on different types of building materials and elements such as
stucco colors, siding colors, metal flashing, windows, accenl colors, etc.
The palette of colors indicate a ranoe of acceptable colors in order to
encourage similarity on one hand, but also diversity within the acceptable
ranoe.
c. The following building standards and materials shall be adhered to:
(1) Roof. The roof pitch shall be a minimum 8112 and a maximum ot 12t12.
A gable, clipped gable or hipped roof shall be mandatory. Dormers shall
be allowed and reviewed by the Design Review Board. The roofing
material shall be cedar shake shingles with staggered butts.
(2) Chimnevs. The chimneys shall be stucco with chimney caps of
weathered copper.
(3) Flues. Allflues shall be galvanized or painted sheet metal, painted to
match the roof.
(4) Main Fascia. The main fascia shall be a solid color stiain, with brown,
taupe, orgray
(5) Secondarv Fascia and Metal Railinqs above the First Floor. The
secondary fascia and metal railings above the first floor shall be a muted
accent trim color to be reviewed by the DRB.
(6) Walls. Walls shall be of stucco and horizontal or vertical wood siding.
Stucco colors shall be gray, beige or off-white. Wood siding colors shall
be gray, brown or taupe.
(7) Stone. Residences will have a minimum of a two foot high stone
wainscot in rainbow mix with a sandstone cap around the perimeter of the
structure except under deeks decks where substantially concealed by
landscaping.
(8) Windows. Windows located within stucco areas shallbereeessed
have a minimum of two inches of relief from the outside wall plane and
have a sandstone sill. Trim shall be whibptauBe er brewn,
(9) Outdoor Liohtinq, Outdoor lighting shall be indirect with a concealed
souroe except for an entry chandelier, two carriage lights and one pilaster
light which may be exposed globes with a fixture of black or weathered
copper look metal. The maximum number of outdoor lights permitted on
each lot shall be 15 regardless of lot size. Outdoor lights which conform
with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting
shall be reviewed by the DRB.
(10) Garaoes. No garage doors shall directly face the street, except on Lot 24
and Lot 14.
(1 1) A residential address/nameplate if desired by the owner shall be located
on the side of the garage facing the access point to the lot.
(12\ When the individual landscape plans are designed for individual lots,
special care shall be taken in the design of side yard landscaping in order
to provide adequate screening between structures.
{21 1. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the
rate for a single-family residential zone district.
10
Section 5. Conditions of Approval
A. The major amendment to Special Development District No. 22, Grand
Traverse, shall not be effective until the major subdivision is recorded by
the Town of Vail at the Eagle County Clerk and Recorde/s Office.
B. The major subdivision shall be recorded at the Eagle County Clerk and
Recorde/s Office prior to a building permit being released for any
construction on Lots 2, 5, 7 , 9 or 10.
C. The developmenl of Special Development District No. 22 will have
impacts on the available employee housing within the Upper Eagle Valley
Area. ln order to help meet this additional employee housing need, the
developer of Special Development District No. 22 shall provide employee
housing on site. The following restrictions shall apply to all employee
dwelling units within SDD No. 22:
1. The developer shall build a minimum of six employee dwelling
units within the subdivision. Each employee dwelling unit shall
have a minimum square footage of 400 square feet not to exceed
800 square feet and is allowed to have a kitchen. The square
footage of an employee housing unit shall be measured from
the inside face of the walls creating the unit (i.e., not
including furring, Sheetrock, plaster, and other similar wall
finishes). The GRFFand number of employee units shall not be
counted toward allowable density oTGRFA for Special
Development District No. 22. The developer may choose to
transfer up to 300 sq. ft. €f€RFA from the primary unit to the
employee unit. The GRF\ transfened will be deduetedfrem the
The developer may
11
3.
provide up to {€ 23 employee dwelling units including the 6
required dwelling units if so desired.
The employee dwelling units may be located on any of the lots
within the subdivision providing all the development standards are
met for each lot. Only one employee dwelling unit shall be
affowed per lot with a maximum of 4523 units allowed. An
employee dwelling shall be incorporated into the structure of the
primary residence and shall not be allowed to be separated from
the primary unit. Each employee dwelling unit shall have at least
one enclosed garage parking space. This parking space shall not
be detached from the single-family garage or structure. Each
phase of construction shall include a minimum of one employee
dwelling unit until six employee dwelling units are constructed and
available for rental.
The Employee Housing Unit shall be leased to tenants who are
full-time employees who work in Eagle County. An EHU shall not
be leased for a period less than thirty consecutive days. For the
purposes of this section, a full-time employee is one who works an
average of thirty hours each week.
An EHU may not be sold, transfened, or conveyed separately
from any trve-family single-family dwelling it may be a part of.
The EHU shall not be divided into any form of timeshares, interval
ownership, or fractional fee ownership as those terms are defined
in the Municipal Code of the Town of Vail.
No later than February 1 of each year, the owner of each
employee housing unit within the town which is constructed
4.
5.
6.
L2
7.
8.
following the effective date of this chapter shall submit two copies
of a report on a form to be obtained from the Community
Development Department, to the Community Development
Department of the Town of Vail and Chairman of the Town of Vail
Housing Authority setting forth evidence establishing that the
employee housing unit has been rented throughout the year, the
rental rate, the employer, and that.each tenant who resides within
the employee housing unit is a full-time employee in Eagle
County.
The owner of each EHU shall rent the unit at a monthly rental rate
consistent with or lower than those market rates prevalent for
similar properties in the Town of Vail.
The Town of Vail Housing Authority will determine the market rate
based on the study of other units of comparable size, location,
quality and amenities throughout the Town. The market rate shall
be based on an avemge of a minimum of five rental rates of
comparable units. lf the unit is not rented and is not available at
the market rate it shall be determined to be in noncompliance. ln
addition to any other penalties and restrictions provided herein, a
unit found to be in noncompliance shall be subject to publication
as determined by the Housing Authority.
The provisions of these restrictive covenants may be enforced by
the Owner and the Town.
The conditions, restrictions, stipulations, and agreements
contained herein shall not be waived, abandoned, terminated, or
amended except by the written consent of both the Town of Vail
9.
10.
13
and the Owner of the property.
D. The architectural and landscape design guidelines shall be incorporated
into the subdivision covenants before the final plat is recorded at the
Eagle County Clerk and Recorde/s Office. The Town Of Vail shall be
party to these agreements.
Section 6. Amendments
Amendments to Special Development District No. 22 shallfollow the procedures
contained in Section 18.40.100 of the Vail MunicipalCode.
Section 7. Exoiration
The applicant must begin construction of the Special Development District within 3 years
from the time of its final approval, and continue diligently toward completion of the
project. lf the applicant does not begin and diligently work toward the completion of the
Special Development District or any stage of the Special Development District within the
time limits imposed by the preceding subsection, the Planning and Environmental
Commission shall review the Special Development District. They shall recommend to
the Town Council that either the approval of the Special Development District be
extended, that the
"pprouat
of the Special Development District be revoked, or that the
Special Development District be amended.
Section 8.
lf any part, section, subsection, sentence, clause or phrase of. this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases by declared invalid.
Section 9.
t4
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and
inhabitants thereof.
Section 10.
The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occuned prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 11.
All bylaws, orders, resolutions and ordinances, or parts thereot inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 15h day of November, 2005 and
a public hearing for second reading of this Ordinance set for the 6h day of December,
2005, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
15
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PLANNING AND ENVIRONMENTAL COM
,A\ PUBLIG MEETING
N7.| September26,2005
TWIIEYILV
PROJECT ORIENTATION - Community llevelopment Dept. PUBLIC WELCOME 12:00 pm
1, Staff memorandums were discussed with Commission members; no direction given.
MEMBERS PRESENT MEMBERSABSENT
Doug Cahill David Viele
Anne Fehlner-Gunion Rollie Kjesbo
Bill Jewitt Chas Bernhardt
George Lamb
Site Visits:
No site visits
Public Hearing - Town Council Chambers 2:00 pm
'1. A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading
Standards, Vail Town Code, to allow for grading within the floodplain for a new water intake
facility, located at 530 South Frontage Road, Ford ParUunplafted, (a more complete metes and
bounds description is available at the Community Development Department), and setting forth
details in regard.
Applicant: Town of Vail and Eagle River Water and Sanitation District, represented
by Mauriello Planning Group
Planner: Bill Gibson
ACTION: Approved with conditions
MOTION: Jewitt SECOND: Lamb VOTE:4-0-0
GONDTTTON(S):
1. The applicant shall submit a stamped lmprovement Location Certificate and
topographic survey, verifying the "as-built" conditions of the subjec{ site to the Town
of Vail Gommunity Development Department for review and approval, prior to Town of
Vail fi nal construction inspection.
2. The applicant shall comply with the requirements of all applicable local, state, and
federal permits and approvals.
3. The applicant shall coordinate the construction schedule for this proposal with the
State of Golorado Division of Wildlife.
Bill Gibson gave a presentation per the staff memorandum.
Dominic Mauriello further explained the extent of the project, and stated that there would be no
significant impact to the floodplain.
Linn Schorr, Eagle River Water and Sanitation District, verified that the entire construction period
would last no longer than six weeks.
George Lamb asked about the status of Army Corps approval, which was stated to be in
pro@ss.
Page 1
Doug Cahill asked about the size of the above grade structures, which was verified lo be 42
inches tall and 90 inches wide.
There was no public comment.
2. A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading
Standards, Vail Town Code, to allow for grading within the floodplain for a new water intake
facility, located at 1600 South Frontage Road, Donovan Park lower bench/ unplatted (a more
complete meles and bounds description is available at the Community Development
Department), and setting forth details in regard.
Applicant: Town of Vail and Eagle River Water and Sanitation District, represented
by Mauriello Planning Group
Planner: Bill Gibson
AGTION: Approved with conditions
MOTION: Jewitt SEGOND: Lamb VOTE:4-0-0
1. The applicant shall submit a stamped lmprovement Location Gertificate and
topographic surveyr verifying the "as-built" conditions of the subject site to the Town
of Vail Gommunigr Development Department for review and approval, prior to Town of
Vail fi nal construction inspection.
2. The applicant shall comply with the requirements of all applicable local, state, and
federal permits and approvals.
3. The applicant shall coordinate the construction schedule for this proposal with the
State of Golorado Division of Wildlife.
This item was reviewed concurrently with agenda item #1 .
3. A request for a final review of a conditional use permit, pursuant to Section 12-71-5, Vail Town
Code, to allow for a public utility and public service use, located at 862 South Frontage Road
(Vail Resorts Maintenance Site/unplatted, and setting forth details in regard thereto.
Applicant: Xcel Energy, represented by Al Morganfield
Planner: Matt Gennett
AGTION: Approved
MOTION: Jewift SECOND: Lamb VOTE: &0-0
Elisabeth Eckel presented the project according to the staff memorandum.
Al Morganfield, Excel Energy, presented an overview of the proposal.
Commissioner Lamb noted the similarities of this proposal to the gas regulation shed on the golf
course.
Commissioner Cahill asked Mr. Morganfield to describe how the structure would be protected
from vehicles.
There was no public comment.
4. A request for a recommendation to the Vail Town Council, pursuant to Section 12-94-10,
Amendment Procedures, Vail Town Code, to allow for a major amendment to Special
Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District;
Page 2
increasing the number of lots for the District; and a final review of a minor subdivision, pursuant
to Section 13-+2, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat,
Dauphinais/Mosely Subdivision Filing 1, a resubdivision of Lots 5, 6, 7, 8, 9, and 10, and setting
forth details in regard thereto.
Applicant Grand Traverse Homeowner's Association, represented by Pat Dauphinais
Planner: WanenCampbell
Amendment to SDD No. 22, Grand Traverse
AGTION: Recommendation of approval
MOTION: Jewitt SECOND: Lamb VOTE:4-0-0
Minor Subdivision
AGTION: Approved with condition(s)
MOTIONT Jewitt SEGOND: Lamb VOTE:4-0-0
coNDrTroN(s):
1. That the appficant not record the proposed plat,
of Lot 5. Amended Final PIat: Dauohinais-Moselev Subdivision Filins 1: A
R*ubdivision of Lots 5. 6. 7. 8. 9. and 10, until both readings of an ordinance to
amend SDD No. 22, Grand Traverse, without GRFA limitations has be adopted by
Town Council, lf an ordinance to adopt SDD No. 22, Grand Traverse, without GRFA
limitations is not approved by Town Council that a GRFA limitation on the new Lot 5
and 7 will be 3,157 square feet for each lot and the SDD will be amended and adopted
according to Town of Vail Gode.
2. That the applicant revise the title of the plat to stale Amendd Final Plat: A
Resubdivision of Lot 5. Amendd Final PIat: Dauphinais-Moselev Subdivision Filino 1:
A Resubdivision of Lo|s 5. 6. 7. 8. 9. and 10 and replace the Town Council signature
block with the correct Planning and Environmental Commission signature block prior
to submitting the mylar copies for recording.
Warren Campbell presented the project according to the memorandum.
Pat Dauphinais, the applicant, reiterated the request and expressed that the Staff memorandum
was very detailed and thorough.
Chuck Baker, a homeowner, expressed the desire to be able to do with his home (within the
Grand Traverse) what others have been able to do within his subdivision. He commented that
the changes that had been made to the GRFA regulations were not applicable to homeowners
within the Grand Traverse subdivision.
The Commissioners voiced support for both applications. They felt that the SDD had sufficient
regulations (building height, setbacks, site coverage, garage orientation, and architectural
controls) contained within the document to conlrol the bulk, mass, height, and character of the
structures which remained to be built and any additions to existing structures. Several members
expressed concern that if GRFA was eliminated for the Town as a whole, more control would
need to be given to the Design Review Board to advise homeowners and architects regarding
design (bulk and mass, box-like structures).
George Lamb specifically commented that he has alwap been an advocate of simplifying GRFA
regulations. The goveming aspects of home size should be setbacks and site coverage
(perhaps a variable measurement, based on lot size), making this issue an ideal scenario for
determining how effective those governors would need to be in the event that GRFA was
eliminated for the Town as a whole in the future.
Page 3
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
September 26,2005
A request for a recommendation to the Vail Town Council, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
a major amendment to Special Development District No. 22, Grand
Traverse, modifying the GRFA calculations for the District; increasing the
number of lots for the District and a final review of a minor subdivision,
pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the
size of Lot 5, Amended Final Plat, Dauphinais/Moseley Subdivision Filing
1, A Resubdivision of Lots 5, 6, 7, 8,9, and 10, and setting forth details in
regard thereto.
Applicant Pat Dauphinais, President of Grand Traverse H.O.A.Planner: Wanen Campbell
il.
SUMMARY
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a recommendation from the Planning and Environmental Commisqion
to the Town Council regarding a request to amend Special Development District
(SDD) No. 22, Grand Traverse, to eliminate the maximum allowable Gross
Residential Floor Area (GRFA) for each lot within SDD No. 22 and increase the
number of lots within the SDD by one. ln addition, the applicant is requesting
approval of a minor subdivision to subdivide Lot 5 of the Amended Final PIat:
Dauphinais-Moselev Subdivision Filino 1: A Resubdivision of Lots 5,6.7.8,9.
and 10 and create Amended Final Plat: A Resubdivision of Lot 5. Amended Final
Plat: Dauphinais-Moselev Subdivision Filina 1: A Resubdivision of Lots 5. 6. 7. 8.
9. and 10.
Staff is recommending that the Planning and Environmental Commission
fonrards a recommendation of approval to the Town Council regarding the
request to eliminate GRFA restriction in SDD No. 22 and increase the number of
lots by one and approval with conditions of the minor subdivision subject to the
findings and conditions outlined in Section lX of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a recommendation from the Planning and Environmental Commission
to the Town Council regarding a request to amend Special Development District
No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential
Floor Area (GRFA) for each lot within SDD No. 22 and increase the number of
lots within the SDD. In addition, the applicant is requesting approval of a minor
subdivision to subdivide Lot 5 of lhe Amended Final Plat: Dauphinais-Moselev
Attachment: E
ilt.
Subdivision Filino 1: A Resubdivision of Lots 5.6.7.8.9. and 10 and create two
new lots, Lots 5 and 7, by recording the proposed Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moselev Subdivision
Filinq 1: A Resubdivision of Lots 5. 6.7. 8. 9. and 10.
The applicant's request to remove the GRFA restrictions for the lots located
within SDD No. 22, Grand Traverse, has arisen as the homes within the SDD are
not eligible for the new GRFA methodology adopted by Ordinance 14, series of
2004, as the lots are restricted in terms of maximum allowable GRFA in all cases
far below that which would be permitted under the underlying Primary/Secondary
zone district in regards to lot size. In addition, the homes within the SDD are no
longer eligible for a 250 addition or an interior conversion per the new GRFA
regulations. The applicant is proposing that site coverage, setbacks, height, and
the architectural requirements within SDD No. 22 would control development on
the lots. A vicinity map has been aftached for reference (Attachment A).
In addition, the applicant is requesting approval of a minor subdivision to
subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moselev Subdivision
Filinq 1: A Resubdivision of Lots 5. 6.7. 8.9. and 10 and create two new lots,
Lots 5 and 7, by recording the proposed Amended Final Plat: A Resubdivision of
Lot 5. Amended Final Plat: Dauphinais-Moselev Subdivision Filinq 1: A
Resubdivision of Lots 5. 6. 7. 8. 9, and 10. A reduced copy of the proposed plat,
Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-
Moselev Subdivision Filino 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and 10. has
been attached for reference (Attachment B). The existing Lot 5 which is
proposed to be subdivided was created by combining two of the original plafted
lots within Dauphinais-Moselev Subdivision Filinq 1. The applicant is proposing
to resubdivide Lot 5, measuring 23,722 square feet, back into two smaller lots
with the areas as follows, Lot 5 measuring 11,817 square feet and Lot 7
measuring 11,891 square feet.
BACKGROUND
o The area included within SDD No. 22 was annexed into the Town of Vail
by Ordinance 29, Series of 1979 which became effective on August 15,
1979.
o SDD No. 22 was created from 10.69 acres of land with an underlying
zoning of Primary/Secondary zone district by Ordinance 23, Series of
1988. lt incfuded the creation of the Dauphinais-Moselev Subdivision
Filinq 1 recorded in 1990 consisting of 24 lots and 3.741 acres of open
space.
. On May 7, 1991, the Vail Town Council introduced, read and approved on
second reading Ordinance #10, Series of 1991, an ordinance repealing
and reenacting Ordinance #13, Series of 1990, to provide changes to
Special Development District #22 that concerned lot size, corresponding
GRFA, maximum number of allowable employee dwelling units, and
architectural guidelines. Ordinance #13, Series of 1990 was the original
ordinance establishing SDD #22.
On September 22, 1997, the Community Development Department
approved, and the Planning and Environmental Commission upheld, a
minor amendment to SDD #22. The minor amendment allowed for
changes to the architectural guidelines outlined in Section 11 of
Ordinance #10, Series of 1991. The changes included:
. architectural guideline requiring that all the residences in the
SDD have copper gutters and downspouts, and
o the ability for the residence constructed on Lot 14 to have the
garage doors of the residence facing the road.
On June 8, 1998 the Planning and Environmental Commission approved
a Major Amendment to SDD No. 22, Grand Traverse. The following items
were approved as a part of the Major Amendment of the applicant's
request on June 8, 1998:
. an increase in the allowable GRFA for all existing and
proposed employee housing units from 500 square feet
maximum to 800 square feet maximum,
. a change in the allowable enclosed parking area (garage)
square footage credit from 600 square feet to 1,200 square to
permit adequate enclosed parking for constructed employee
housing units (600 square feet for the primary dwelling unit
and 600 square feet for the EHU if constructed),
. a replat of Lots 5, 6, 7, 8, I & 10 into Lots 5, 8, I & 10, thus
eliminating two lots within the Grand Traverse development
area,
r an increase to the maximum number of outdoor lights allowed
on each residential lot to 15 per lot total,
. a modification to the required setbacks on Lots 5, 8, I & 10,
. a reapportioning of GRFA within the Grand Traverse
development area, and
r o reapportioning of the 600 square foot garage credit.
f n October of 2004, Ordinance 14, series of 2004, was adopted which
amended the GRFA regulations regulating the entire Town of Vail. The
properties located within SDD No. 22, Grand Traverse, were effected to a
greater extent than other Primary/Secondary zoned properties because
under the SDD GRFA is restricted below that which the base zone district
would allow. In addition, the properties lost ability of homes within the
SDD to request 250 additions and interior conversions. Finally, the SDD
does not allow the properties to utilize the basement deduction provisions
of Ordinance 14, Series ol2004.
tv.
o On July 25, 2005, the Planning and Environmental Commission held a
work session in order to hear the applicant's request. In general, the
Commissioners were in support of the proposed subdivision of Lot 5. In
addition, the Commissioners generally supported the proposal to remove
the GRFA restrictions within SDD No. 22, Grand Traverse, as there are
additional architectural requirements within the SDD which would provide
a level of comfort that the homes which have not been built will fit the
character of the neighborhood which has already been established.
Commission members expressed that the elimination of GRFA for the
entire Town would be more difflcult as SDD No. 22 is different from a
majority of Town in that it contains very small lots and additional
architectural controls.
ROLES OF THE REVIEWING BOARDS
Special Developmqnt District and Maior Amendment
Order of Review: Generally, applications will be reviewed firsi. by the PEC for
impacts of use/development, then by the DRB for compliance of proposed
buildings and site planning, and frnal approval by the Town Council.
Plannino and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the
Town Council based on the Criteria and Findings listed in Section lX of this
memorandum.
Desion Review Board:
The DRB has NO review authority on a SDD proposal, but must review any
accompanying DRB application. The DRB review of an SDD prior to Town
Council approval is purely advisory in nature.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the reguired criteria and findings,
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of an SDD.
The Town Council shall review the proposal using the Criteria and Findings listed
in Section lX of this memorandum.
Minor Subdivision Review
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for final
approval, approve with modifications, or disapprove the plat- Specifically
the code states in Section 13-12-3C, Review and Action on Plat:
The planning and environmental commission shall review the plat and
associafed materials and shall approve, approve with modifications or
disapprove the plat within twenty one (21) days of the first public hearing
on the exemption plat application or the exemption plat application will be
deemed approved. A longer time peiod for rendering a decision may be
granted subject to mutual agreement betvveen the planning and
environmental commission and the applicant. The criteria for reviewing
the plat shall be as contained in section 13-3-4 of this title.
Design Review Board:
Action: The Design Review Board has NO review authority on an exemption
plat, but must review any accompanying Design Review Board application.
Town Council:
The Town Council is the appeals authority for an exemption plat review
procedure in accordance with Section 13-3-5C, Vail Town Code, which reads as
follows:
Within ten (10) days the decision of the Planning and Environmental
Commission on the final plat shall be transmifted to the Council by the
staff. The Council may appeal the decision of the Planning and
Environmental Commission within seventeen (17) days of the Planning
and Environmental Commission's action. lf Council appeals the
Planning and Environmental Commisslon's decislon, the Council shall
hear substantially the same presentation by the applicant as was heard
at the Planning and Environmental Commission hearing(s). The Council
shall have thirty (30) days to affirm, reverse, or affirm with modifications
the Planning and Environmental Commission decision, and the Council
shall conduct the appeal at a regularly scheduled Council meeting.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findings,
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
V.
o
APPLICABLE PLANNING DOCUMENTS
Town Of Vail Zoninq Code
Article 12-9A: Special Development (SDD) District (in part)
12-94-1: PURPOSE:
The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promote ds most appropriate use;
to improve the design character and quality of the new development with the
town; to facilitate the adequate and economical provision of sfreefs and utilities;
to preserue the natural and scenic features of open space areas,. and to further
the overall goals of the community as stated in the Vail comprehensive plan
Town of Vail Subdivision ReEulations
13-1-2: PURPOSE:
C. Specific Purposes.' These regulations are fufther intended lo serve the
fo I low i ng spe cifi c p urposes:
1. To inform each subdivider of the standards and criteria by which
development proposals will be evaluated, and to provide information as
to the type and extent of improvements required.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land.
3. To protect and conserue the value of land throughout the Municipality
and the value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the Town's
zoning ordinances, to achieve a harmonious, convenient, workable
relationship among land uses, consisfenf with Town development
objectives.
5. To guide public and private policy and action in order to provide
adequate and effrcient tansportation, water, sewage, schoo/g parkg
playgrounds, recreation, and other public reguirements and facilities
and generally to provide that puHic facilities will have sufficient
capacity to serve the proposed subdivision.
6. To provide for accurate legal descriptions of newly subdivided land and
fo establsh reasonable and desirable construction desgn sfandards
and procedures.
7. To prevent the pollution of air, streams and ponds, fo assure adequacy
of drainage facilities, to safeguard the water table and to encourage
the wise use and management of natural resources throughout the
Town in order to preseve the integrity, stability and beauty of the
community and the value of the land.
13-3-4: COMMTSSTON REVIEW OF APPLICATION; CRITERIA:
The burden of proof shall rest with the applicant to show that the application is in
compliance with the intent and purposes of this Chapter, the Zoning Ordinance
and other pertinent regulations that the Planning and Environmental Commission
u.
deerns applicable. Due consideration shall be given to the recommendations
made by public agencies, utility companies and other agencies consulted under
subsecfion 13-3-3C above. The Planning and Environmental Commission shall
review the application and consider its appropriafeness in regard to Town
policies relating to subdivision control, dens/les proposed, regulations,
ordinances and resolutions and other applicable documents, environmental
integrity and compatibility with the surrounding land uses and other applicable
documents, effects on the aesthetics of the Town,
SITE ANALYSIS
Legal Description:Dauphinais-Moslev Subdivision Filinq 1 and
Amended Final Plat: Dauohinais-Moselev
Subdivision Filinq 1: A Resubdivision of Lots 5. 6.
7.8.9. and 10
1450-1850 Lions ridge Loop and 1402-1428
Moraine Drive
10.69 acres (2165,656 sq ft)
Special Development District No. 22
(Primary/Secondary zone district underlying zoning)
Land Use Plan Designation: Medium Density Residential
Current Land Use: Residential
Lot 5, Amended Final PIat: A Resubdivision of Lot 5. Amended Final Plat:
Dauphinais-Moselev Subdivision Filinq 1: A Resubdivision of Lots 5.6.7. 8.
9. and 10
Zoning:Special Development District No. 22
(Primary/Secondary (P/S) zone district underlying
zoning)
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
Develooment Slandard Reouired bv P/S Prooosed
Lot Area: 1 5,000 sq. ft. 1 1 ,817 sq. ft.
Address:
Lot Size:
Zoning:
Dimension:
Buildable Area:
Frontage:
GRFA:
Access:
80'X80'min.
15,000 sq. ft.
30 feet min.
65 feet X 65 feet
1 1 ,817 sq. ft.
67 feet
Proposed to be no limitation except that which can
be constructed within the limitations of SDD No. 22.
Access to the site is via Moraine Drive, a public
road which is currently constructed.
Lot7, Amended Final Plat: A Resubdivision of Lot 5. Amendd Final ptat:
Dauphinais-Moselev Subdivision Filinq 1: A Resubdivision of Lots 5.6.7. 8.
9. and 10
Zoning: Special Development District No. 22
(PrimaryiSecondary zone district underlying zoning)
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
Develooment Standard Required bv P/S Proposed
Lot Area: 15,000 sq. ft. 11,891 sq. ft.
VII. SURROUNDING LAND USES AND ZONING
61 feet X 61 feet
1 1,891 sq. ft.
60 feet
Zoninq
PrimaryiSecondary zone district
Public Accommodation zone district
Low Density Multiple-Family zone
district
Primary/Secondary zone district
Dimension:
Buildable Area:
Frontage:
GRFA:
Access:
North:
South:
East:
West:
80'X80'min.
15,000 sq. ft.
30 feet min.
Proposed to be no limitation except that which can
be constructed within the limitations of SDD No. 22.
Access to the site is via Moraine Drive, a public
road which is cunently constructed.
Land Use
Residential
Hotel/Lodge
Residential
Residential
VIII. CRITERIA AND FINDINGS
Special Development District Maior Amendment
Chapter 12-9 of the Town Code provides for the amendment of an existing
special development districts in the Town of Vail. According to Section 12-9A-1,
the purpose of a special development district is,
"To encourage flexibility and creativity in the development of land, in order
to promote ifs mosf appropriate use,' fo improve the design character and
qualtty of the new development within the Town; to facilitate the adequate
and economical provision of streefs and utilities; to preserue the natural
and scenic features of open space areas,' and to further the overall goals
of the community as dated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with
the property's underlying zone district, sia// esfab/r'sfi the reguirements for
guiding development and uses of propefty included in the Special
Deve I opme nt D istri ct. "
The Town Code provides nine design criteria which shall be used as the principal
criteria in evaluating the merits of the amendment to an existing special
development district. lt shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each of the
following standards, or demonstrate that one or more of them is not applicable, or
that a practical solution consistent with the public interesl has been achieved.
The following is a staff analysis of the project's compliance with the nine SDD
review criteria:
A. Consideration of Factors Reqardino Special Development Districts:
A. Design compatibility and sensitivitlr to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
The requested proposal is to eliminate the maximum allowable Gross
Residential Floor Area (GRFA) for each lot within SDD No. 22 under
Section 4-B-5 of Ordinance 9, Series of 1998, the adopting ordinance,
and an increase in the number of lots within the SDD by one by
resubdividing Lot 5, an increase from 22 to 23 lots. Ordinance 9,
Series of 1998 is attached for reference with text that would be
deleted shown as strit<e-+nrecgh and added text is shown in
bold(Attachment C).
The proposal to remove the GRFA restrictions for the lots located
within SDD No. 22, Grand Traverse, has arisen as the homes within
the SDD are not eligible for the new GRFA methodology adopted by
Ordinance 14, series of 2004, as the lots are restricted in terms of
maximum allowable GRFA in all cases far below that which would be
permitted under the underlying Primary/Secondary zone district in
regards to lot size. ln addition, the homes within the SDD are no
longer eligible for a 250 addition or an interior conversion per the new
GRFA regulations. Staff would like to point out that the proposal to
gain the ability for additions and interior conversions to existing homes
within SDD No. 22 can. be accomplished by revising the GRFA
limitations found within Section 4 of the SDD. Currently, the GRFA
limitations are below that which Primary/Secondary zoning would
allow by 612 to 2,568 square feet depending on the lot.
The intent of the initial approval of SDD No. 22 was to create smaller
lots in order to protect open space. Out of the total site area included
within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and
protected as open space. When SDD No. 22was adopted the 24 lots
within the SDD ranged from 8,494 square feet to 16,248 square feet
with a majority of the lots measuring approximately 1 1,000 square feet
in size. Staff believes that as it was the original intent to have smaller
lots and a more clustered residential development in order to protect
open space. Staff believes that the subdivision of the existing Lot 5,
which measures 23,722 square feet into two smaller lots measuring
11,891 square feet and 11,817 square feet is in keeping with the
intent of the SDD.
Development within the SDD is regulated by Section 4 of Ordinance
9, Series of 1998. The adopting ordinance establishes the GRFA,
setbacks, height, architectural design and materials, and orientation.
The SDD deviates from the underlying zoning of Primary/Secondary
zone district by allowing reduce front and side setbacks from 15 feet
to 10 feet on many of the lots and increasing the rear setback on the
lots located on the southern portion of the SDD from 15 feet to
setbacks ranging from 35 to g7 feet with a majority being 40 to S0
feet. GRFA within the SDD is limited by the Tabte tocated in Section
zt-B-S of the adopting ordinance. The GRFA limitations identified in
the Table are substantially lower than that which would be permitted
by Primary/Secondary zone district regulations. On average the
maximum allowable GRFA under the SDD is 1,640 square feet less
than that permitted under Primary/Secondary zoning. Staff has
included an attachment which shows each lot, the size of the lot, the
amount of GRFA allowed under the SDD, the amount of GRFA
allowed under the Primary/Secondary zone district with the changes
enacted by Ordinance 14, Series of 2004, the potential square
footages of homes without GRFA limitations, allowable site coverage,
and constructed site coverage (Attachment D).
Staff believes that the elimination of GRFA limitations within SDD No.
22, will have no negative effect on the above criterion as the SDD
adopting ordinance contains all the elements to control the bulk,
mass, and height of the homes within the SDD within Section 4 of the
adopting ordinance. The proposal to eliminate GRFA within SDD No.
22 could be a way to conduct a controlled study on the effects on bulk
and mass of structures if GRFA was eliminated. Staff believes that
the existing restrictions placed upon development in SDD No. 22 will
result in new and redeveloped houses within the SDD being of similar
character to those existing today. In addition, many of the homes
within the SDD which are currently constructed have maximized site
coverage and built to the extent of the designated setbacks or have
very little left which insures that the existing structures would change
minimally above grade. There are cunently 5 undeveloped lots within
the SDD which would potentially be constructed under regulations in
the SDD if GRFA was stricken from the adopting ordinance.
Attachment C has sldke{h+eugh text depicting the existing language
which must be stricken from Ordinance 9, Series of 1998 to eliminate
GRFA requirements. Staff believes that the request to eliminate
GRFA within the SDD complies with this criterion.
B. Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposed elimination of GRFA within SDD No. 22 and the
increase in the number of lots within the SDD from 22 to 23 will not
have a negative impact on the items identified in this criterion. The
10
initial approval of SDD No. 22 included 24 lots which was
subsequently replatted to include 22 lots. This proposal would take
the SDD up to 23 lots. The proposed elimination of GRFA would also
have no negative impact on this criterion as there are several other
factors contained within SDD No. 22
G. Compliance with parking and loading requirements as outlined in
Ghapter 12-10 of the Vail Town Code.
The proposed amendments to the SDD do not have any negative
effect on this criterion. All lots developed within the SDD will comply
with the parking standards.
D. Conformity with the applicable elements of the Vail
Comprehensive Plan, Town policies and Urban Design Plan.
The proposed amendment to increase the number of lots in the SDD
from 22 to 23 complies with the Vail Comprehensive Plan. However,
the request to eliminate GRFA within SDD No. 22 would be different
in policy to how the remainder of the community is regarded to size of
structures. Staff believes for several reasons as outlined in Staffs
response to Criterion A of this Section that the size of homes within
the SDD on the vacanl lots or any future redeveloped lot would be
fundamentally similar to those which are constructed within the SDD
cunently. Of the homes currently constructed many have already
maximized site coverage so any addition to be made if GRFA was
eliminated from the SDD would be below grade or in a vaulted area of
the home. The combination of requirements contained within the
SDD which include, setbacks which are more restrictive in areas, site
coverage limited to 25%, heights of 33 feet, garage door orientation,
and architectural minimums, will sufficiently control the bulk, mass,
and height of the str,uctures which remain to be constructed or for
future additions. In addition, the fact the lots within the SDD were
allowed to be smaller than that required by the base zoning in order to
preserve open space and sensitive areas limits the size of the
structures dramatically as there is limited areas to construct a
structure upon each site.
E. ldentification and mitigation of natural and/or geologic hazards
that affect the property on which the special development district
is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the
SDD No. 22, Grand traverse, development site is not located in any
geologically sensitive areas. Staff believes that the application
complies with this criterion.
F. Site plan, building design and location and open space
provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
1l_
o
As was stated in staffs response to Criterion A the initial adoption of
SDD No. 22 was designed to preserve open space and sensitive
areas. The cunent proposal would not alter that initial approval.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The circulation system for this SDD was approved in the initial
adoption of SDD No. 22 and is currently in place and functioning.
This proposal does not alter that circulation system.
H. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
As was stated in staffs response to Criterion A the initial adoption of
SDD No. 22 was designed to preserve open space and sensitive
areas. The cunent proposal would not alter that initial approval.
l. Phasing plan or subdivision plan that wil! maintain a workable,
functional and efficient relationship throughout the development
of the special development district.
The applicant is proposing to construct the homes on the proposed
and existing lots as the owners desire to construct upon them.
Findings:
The following findings are used for a Major Amendment to an SDD:
1. That the proposed major amendment to Special Development District No. 22
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction
of the Commission, based upon the testimony and evidence presented during
the public hearing, that any adverse effects of the requested deviations from
the development standards of the underlying zoning are outweighed by the
public benefits provided. Lastly, the Commission finds that the request is
consistent with the development goals and objectives of the Town.
2. With regards to the proposed elimination of GRFA, that:
a. Proposed development controls, such as setbacks, site coverage,
height, orientation, and architectural design, exist within the text of
SDD No. 22, Grand Traverse, to adequately control bulk, mass, and
height of structures, and will maintain the character of new structures
to those which exist;
b. Proposed development controls comply with applicable elements of
the Vail Village Urban Design Guide Plan and Design Considerations.c. Proposed development controls will provide adequate availability of
L2
light, air and open space.
d. Proposed development controls within the SDD will provide a
compatible relationship with buildings and uses on adjacent
properties.
e. Proposed development controls will result in creative design solutions
or other public benefits that could not otherwise be achieved by
conformance with prescribed GRFA standards.
3. With regards to the proposed increase in the number of lots trom 22 to 23,
that:
a. Proposed increase in lots provides necessary separation between
buibings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
b. Proposed increase in lots comply with applicable elements of the Vail
Village Urban Design Guide Plan and Design Considerations.
c. Proposed increase in lots will provide adequate availability of light, air
and open space.
d. Proposed increase in lots will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed increase in lots will result in creative design solutions or
other public benefits that could not othenruise be achieved by
conformance with prescribed setback standards.
4. That the proposed development controls within SDD No. 22, Grand Traverse
are in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations.
5. That the development is in compliance with the purposes of the
Primary/Secondary zone district, that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
Comprehensive Plan.
Minor Subdivision
A basic premise of subdivision regulations is that the minimum standards for the
creation of new lots must be met. This subdivision will be reviewed under Title
13, Subdivision Regulations, of the Town of Vail Code.
1. The first set of criteria to be considered by the Planning and
Environmental Commission for a Minor Subdivision application is:
Lot Area: The minimum lot area for the Primary/Secondary zone district
is 15,000 square feet. The proposed area of Lot 5 would be 11,817
square feet. The proposed area of Lot 7 would be 11,891 square feet.
The two proposed resulting lots do not meet this requirement for the
Primary/Secondary zone district. However, the intent of the approval of
SDD No. 22 was to create smaller lots in order to protect open space.
Out of the total site area included within SDD No. 22, '10.69 acres, there
was 3.741 acres set aside and protect as open space. When SDD No. 22
L5
was adopted lots within the SDD ranged from 8,494 square feet to 16,248
square feet with a majority of the lots measuring approximately 11,000
square feet in size. Staff believes that as it was the original intent to have
smaller lots and a more clustered residential development in order to
protect open space and the lot which is proposed to be subdivided was
previously two smaller lots prior to the recording of the Amended Final
Plat: Dauphinais-Moselev Subdivision Filino 1: A Resubdivision of Lots S.
6. 7. 8.9. and 10.
Buildable Area: The minimum buildable area for the Primary/Secondary
zone district is 15,000 square feet. The two proposed lots do not meet
this requirement. However, for the same reasons identified above small
lots which do not meet this requirement conform to the intent of SDD No.
22.
Frontaoe: The Primary/Secondary zone district identifies a minimum
frontage requirement of 30 feet. The two proposed lots meet this
requirement.
Dimension: The Primary/Secondary zone district requires lots to be able
to enclose a square with a minimum dimension of 80 feet by 80 feet. The
two proposed lots do not meet this requirement. However, for the same
reasons identified above small lots which do not meet this requirement
conform to the intent of SDD No. 22.
2. The second set of reMew criteria to be considered with a minor
subdivision request is outlined in the Subdivision Regulations, 13-3-4, and
is as follows:
'The burden of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes of this
Chapter, the Zoning Ordinance and other peftinent regulations
that the Planning and Environmental Commission deems
applicable....The Planning and Environmental Commission shall
review the application and consider its appropriateness in regardto Town policies relating to subdivision control, densffies
proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and compatibility
with the sunounding /and uses and other applicable documents,
effecfs on the aedhetics of the Town."
The purpose section of Title 13, Subdivision Regulations, is intended to ensure
that the subdivision is promoting the health, safety and welfare of the community.
The subdivision purpose statement from 13-1-2 (C) are as follows:
1. To inform each subdivider of the sfandards and criteria by which
development proposa/s will be evaluated and to provide
information as fo fhe type and extent of improvements required."
Staff Response: The applicant was informed as to the standards and
criteria by which the proposed plat and future development would be
t4
evaluated. One purpose of subdivision regulations, and any development
control, is to establish basic ground rules which the staff, the PEC, the
applicant and the community can follow in the public review process.
Development on these two lots is governed by the SDD No. 22 adopting
ordinance. With this proposed subdivision several portions of the SDD
must be amend which where changes when the Amended Final Plat:
Dauphinais-Moselev Subdivision Filinq 1: A Resubdivision of Lots 5. 6. 7,
8. 9. and 10 was filed to combine two lots resulting in a larger Lot 5. The
changes that are necessary to make to the text of SDD No. 22 can be
found within Attachment C. Although this request does not involve the
creation of a new subdivision it does include the resubdivision of an
existing parcel of land, the minor subdivision process is the appropriate
process to take one lot and subdivide it into two smaller lots. As a part of
the overall application the applicant is requesting to eliminate the GRFA
limitations identified within SDD No. 22. lf that portion of the application is
approved by the Town Council the two newly created lots would be
limited in development potential by site coverage, setbacks, height,
architecture, and orientation. However, if this portion of the application is
not approved staff would suggest that Section 4 of SDD No. 22 be revised
to limit the two newly created lots to 3,157 square feet of GRFA a piece
which is a split of the GRFA permitted on the larger Lot 5 as it exists
currently.
2. To provide for the subdivision of property in the tuture without
conflict with development on adjacent land.'
Staff Response: This proposed minor subdivision take a large lot and
subdivides it into two smaller lots which existed prior to being combined
and will not adversely affect adjacent land. The proposed minor
subdivision does not make either property undevelopable or non-
conforming with regard to zoning requirements found within SDD No. 22.
3. To protect and conserue the value of land throughout the
Municipality and the value of buildings and improvements on the
land.
Staff Response: The proposed minor subdivision will have no
detrimental affect on the value of land within the Town.
4. To ensure that subdivision of property is in compliance with the
Town's zoning ordinances, to achieve a harmonious, convenient,
workable relationship among land uses, consr'sfenl with Town
d ev el o p m e nt o bj e ctiv es.
Staff Response: Staff believes the proposed minor amendment will not
preclude a harmonious, convenient and workable relationship among land
uses consistent with municipal development objectives. The proposed
minor subdivision does not make either property undevelopable or non-
conforming with regard to zoning requirements found within SDD No. 22.
5. To guide public and private policy and action in order to provide
I5
adeguate and efficient transportation, water, sewage, schoo/g
parks, playgrounds, recreation, and other public requlrements and
facilities and generally to provide that public facilities wilt have
sufficient capacity to serve the proposed subdivision.
Staff Response: The subdivision regulations are intended primarily to
address impacts of large'scale subdivisions of property, as opposed to
this particular proposal to amend this plat. Staff does not believe this
proposal will have any negative impacts on any of the above-listed public
facilities.
6. To provide for accurate legal descriptions of newly subdivided
land and fo estab/ish reasonable and desirable construction
design standards and procedures.
Staff Response: The proposed minor subdivision will provide for
accurate legal descriptions for the two newly configured properties.
7. To prevent the pollution of air, dreams and ponds, fo assure
adequacy of drainage facilities, to safeguard the water table and
to encourage the wise use and management of natural resources
throughout the Town in order to preserue the integrity, stability,
and beauty of the community and the value of the land.
Staff Response: The proposed minor subdivision will have no negative
affect on the criteria listed above.
Findings:
The following findings are used for a Minor Subdivision:
1. That the application is in compliance with the intent and purposes of the
Minor Subdivision Chapter, the Zoning Ordinance and other pertinent
regulations that the Planning and Environmental Commission deems
applicable.
2. That the application is appropriate in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity and
compatibility with the sunounding land uses and other applicable documents,
and effects on the aesthetics of the Town.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council to allow for a major amendment to Special Development District
No. 22, Grand Traverse, modifying the GRFA calculations for the District and
increasing the number of lots for the District with the findings listed below. Staffs
recommendation is based upon a review of the criteria and findings as outlined in
this memorandum and from the evidence and testimony presented,
15
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of the applicant's requesl, staff recommends that
the following findings be made as part of the motion:
1. That the proposed major amendment to Special Development District No. 22
complies with the nine design criteria outlined in Section 12-94-8 of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction
of the Commission, based upon the testimony and evidence presented during
the public hearing, that any adverse effects of the requested deviations from
the development standards of the underlying zoning are outweighed by the
public benefits provided. Lastly, the Commission finds that the request is
consistent with the development goals and objectives of the Town.
2. With regards to the proposed elimination of GRFA, that:
a. Proposed development controls, such as setbacks, site coverage,
height, orientation, and architectural design, exist within the text of
SDD No. 22, Grand Travers, to adequately control bulk, mass, and
height of structures, and will maintain the character of new structures
to those which exist;
b. Proposed development controls comply with applicable elements of
the Vail Village Urban Design Guide Plan and Design Considerations.
c. Proposed development controls will provide adequate availability of
light, air and open space.
d. Proposed development controls within the SDD will provide a
compatible relationship with buildings and uses on adjacent
properties.
e. 'Proposed development controls will result in creative design solutions
or other public benefits that could not othenrise be achieved by
conformance with prescribed GRFA standards.
With regards to the proposed increase in the number of lots from 22 to 23,
that:
a. Proposed increase in lots provides necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
b. Proposed increase in lots complies with applicable elements of the
Vail Village Urban Design Guide Plan and Design Considerations.
c. Proposed increase in lots will provide adequate availability of light, air
and open space.
d. Proposed increase in lots will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed increase in lots will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
That the proposed development controls within SDD No. 22, Grand Traverse,
are in conformance with applicable elements of the Vail Village Urban Design
3.
4.
L7
Guide Plan and Design Considerations.
5. That the development is in compliance with the purposes of the
Primary/Secondary zone district, that the proposal does not othenrvise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
Comprehensive Plan.
The Community Development Department recommends that the Planning and
Environmentaf Commission approves with conditions the Amended Final Plat:
pursuant to Chapter 13-4,
Minor Subdivisions, Vail Town Code, to create Lots 5 and 7, located at based
upon the criteria evaluated in this memorandum.
Should the Planning and Environmental Commission choose to approve the
minor subdivision request staff recommends that the following conditions be
made as a part of that motion:
1. That the appficant not record the proposed plat, Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moselev Subdivision
Filina 1: A Resubdivision of Lots 5. 6. 7. 8, 9. and 10, until both readings of an
ordinance to amend SDD No. 22, Grand Traverse, without GRFA limitations
has be adopted by Town Council. lf an ordinance to adopt SDD No. 22,
Grand Traverse, without GRFA limitations is not approved by Town Council
that a GRFA limitation on the new Lot 5 and 7 will be 3,157 square feet for
each lot and the SDD will be amended and adopted according to Town of Vail
Code.
2. That the appficant revise the title of the plat to state Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moselev Subdivision
Filinq 1: A Resubdivision of Lots 5.6.7. 8.9. and 10 and replace the Town
Council signature block with the correct Planning and Environmental
Commission signature block prior to submitting the mylar copies for
recording.
Should the Planning and Environmental Commission choose to approve the
minor subdivision request staff recommends that the following findings be made
as a part of the motion.
1. That the application is in compliance with the intent and purposes of the
Minor Subdivision Chapter, the Zoning Ordinance and other pertinent
regulations that the Planning and Environmental Commission deems
applicable.
2. That the application is appropriate in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity and
compatibility with the sunounding land uses and other applicable documents,
and effects on the aesthetics of the Town.
18
TO:
FROM:
DATE:
.SUBJECT:
o
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
September 26, 2005
A request for a recommendation to the Vail Town Council, pursuant to
Section '12-94-10, Amendment Procedures, Vail Town Code, to allow for
a major amendment to Special Development District No. 22, Grand
Traverse, modifying the GRFA calculations for the District; increasing the
number of lots for the District; and a final review of a minor subdivision,
pursuant to Section 134-2, Procedure, Vail Town Code, to modify the
size of Lot 5, Amended Final Plat, Dauphinais/Mosely Subdivision Filing
1, A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, and setting forth details in
regard thereto.
Applicant: Pat Dauphinais, President of Grand Traverse H.O.A.Planner: Wanen Campbell
t.SUMMARY
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a recommendation from the Planning and Environmental Commission
to the Town Council regarding a request to amend Special Development District
(SDD) No. 22, Grand Traverse, to eliminate the maximum allowable Gross
Residential Floor Area (GRFA) for each lot within SDD No. 22 and increase the
number of lots within the SDD by one. In addition, the applicant is requesting
approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat:
Dauphinais-Moslev Subdivision Filino 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and
10 and create Amended Final Plat: A Resubdivision of Lot 5. Amended Final
Plat: Dauphinais-Moslev Subdivision Filinq 1: A Resubdivision of Lots 5. 6. 7. 8.
9. and 10.
Staff is recommending that the Planning and Environmental Commission
fonrards a recommendation of approval to the Town Council regarding the
request to eliminate GRFA restriction in SDD No. 22 and increase the number of
lots by one and approval with conditions of the minor subdivision subject to the
findings and conditions outlined in Section lX of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is
requesting a recommendation from the Planning and Environmental Commission'to the Town Council regarding a request to amend Special Development District
No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential
Floor Area (GRFA) for each lot within SDD No. 22 and increase the number of
lots within the SDD. In addition, the applicant is requesting approval of a minor
subdivision to subdivide Lot 5 of lhe Amended Final Plat: Dauphinais'Moslev
ll.
Iil.
Subdivision Filino 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and l0 and create two
new lots, Lots 5 and 7, by recording the proposed Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moslev Subdivision
Filinq 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and 10
The applicant's request to remove the GRFA resfictions for the lots located
within SDD No. 22, Grand Traverse, has arisen as the homes within the SDD are
not eligible for the new GRFA methodology adopted by Ordinance 14, series of
2004, as the lots are restricted in terms of maximum allowable GRFA in all cases
far below that which would be permitted under the underlying Primary/Secondary
zone district in regards to lot size. In addition, the homes within the SDD are no
longer eligible for a 25O addition or an interior conversion per the new GRFA
regulations. The applicant is proposing that site coverage, setbacks, height, and
the architectural requirements within SDD No. 22 would control development on
the lots. A vicinity map has been attached for reference (Attachment A).
ln addition, the applicant is reguesting approval of a minor subdivision to
subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moslev Subdivision Filino
1: A Resubdivision of Lots 5. 6. 7. 8. 9. and 10 and create two new lots, Lots 5
and 7, by recording the proposed Amended Final Plat: A Resubdivision of Lot 5.
Amended Final Plat: Dauphinais-Moslev Subdivision Filinq 1: A Resubdivision of
Lots 5. 6.7. 8.9. and 10. A reduced copy of the proposed plat, Amended Final
Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moslev
Subdivision Filinq 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and 10. has been
attached for reference (Attachment B). The existing Lot 5 which is proposed to
be subdivided was created by combining two of the original platted lots within
Dauphinais-Moslev Subdivision Filino 1. The applicant is proposing to
resubdivide Lot 5, measuing 23,722 square feet, back into two smaller lots with
the areas as follows, Lot 5 measuring 11,817 square feet and Lot 7 measuring
1 1,891 square feet.
BACKGROUND
r The area included within SDD No. 22 was annexed into the Town of Vail
by Ordinance 29, Series of 1979 which became effective on August 15,
1979,
. SDD No. 22 was created from 10.69 acres of land with an underlying
zoning of Primary/Secondary zone district by Ordinance 23, Series of
1988. lt included th€ creation oi the Dauphinais-Moslev Subdivision
Filina I recorded in 1990 consisting of 24 lots and 3.741 acres of open'. space.
.. On May 7, 1991 , the Vail Town Council introduced, read and approved on
second reading Ordinance #10, Series of 1991, an ordinance repealing
and reenacting Ordinance #13, Series of 1990, to provide changes to
Special Development District #22 lhat concerned lot size, conesponding
GRFA, maximum number of allowable employee dwelling units, and
architectural guidelines. Ordinance #13, Series of 1990 was the original
ordinance establishing SDD #22.
On September 22, 1997, the Community Development Department
approved, and the Planning and Environmental Commission upheld, a
minor amendment to SDD #22. The minor amendment allowed for
changes to the architectural guidelines outlined in Section 11 of
Ordinance #10, Series of 1991 . The changes included:
r architectural guideline requiring that all the residences in the
SDD have copper gutters and downspouts, and
o the ability for the residence constructed on Lot 14 to have the
garage doors of the residence facing the road.
On June 8, 1998 the Planning and Environmental Commission approved
a Major Amendment to SDD No. 22, Grand Traverse. The following items
were approved as a. part of the Major Amendment of the applicant's
request on June 8, 1998:
r an increase in the allowable GRFA for all existing and
proposed employee housing units from 500 square feet
maximum to 800 square feet maximum
. a change in the allowable enclosed parking area (garage)
square footage credit from 600 square feet to 1,200 square to
permit adequate enclosed parking for constructed employee
housing units (600 square feet for the primary dwelling unit
and 600 square feet for the EHU if constructed),
. a replat of Lots 5, 6, 7, 8, I & 10 into Lots 5, 8, 9 & 10, thus
eliminating two lots within the Grand Traverse development
arca,
o an increase to the maximum number of outdoor lights allowed
on each residential lot to 15 per lot total,
r a modification to the required setbacks on Lots 5, 8, 9 & 10,
. a reapportioning of GRFA within the Grand Traverse
development area, and
r a reapportioning of the 600 square foot garage credit.
. fn October of 2004, Ordinance 14, series of 2004, was adopted which
amended the GRFA regulations regulating the entire Town of Vail. The
properties located within SDD No. 22, Grand Traverse, were effected to a
greater extent than other Primary/Secondary zoned properties because
under the SDD GRFA is restricted below that which the base zone district
would allow. ln addition, the properties lost ability of homes within the
SDD to request 250 additions and interior conversions. Finally, the SDD
does not allow the properties to utilize the basement deduction provisions
of Ordinance 14, Series of 2004.
tv.
. On July 25, 2005, the Planning and Environmental Commission held a
work session in order to hear the applicant's request. In general, the
Commissioners were in support of the proposed subdivision of Lot 5. ln
addition, the Commissioners generally supported the proposal to remove
the GRFA restrictions within SDD No. 22, Grand Traverse, as there are
additional architectural requirements within the SDD which would provide
a level of comfort that the homes which have not been built will fit the
character of the neighborhood which has already been established.
Commission members expressed that the elimination of GRFA for the
entire Town would be more difficult as SDD No. 22 is different from a
majority of Town in that it contains very small lots and additional
architectural controls.
ROLES OF THE REVIEWING BOARDS
Special Development Distric't and Maior Amendment
Order of Review: Generally, applications will be reviewed firg- by the PEC for
impacts of use/development, then by the DRB fw compliance of proposed
buildings and site planning, and final approval by the Town Council.
Planninq and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the
Town Council based on the Criteria and Findings listed in Section lX of this
memorandum.
Desion Review Board:
The DRB has NO review authority on a SDD proposal, but must review any
accompanying DRB application. The DRB review of an SDD prior to Town
Council approval is purely advisory in nature.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicant as to compliance with the design guidelines.
Stafi provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findings,
and a recommendation on approwl, approval with conditions, or denial. Staff
also facilitates the reMew process.
Town Council:
Action: The Town Council is responsible for final approval/denial of an SDD.
The Town Council shall review the proposal using the Criteria and Findings listed
in Section lX of this memorandum.
Minor Subdivision Review
Planning and Environmental Gommission:
Action: The Planning and Environmental Commission is responsible for final
approval, approve with modifications, or disapprove the plat. Specifically
the code states in Section 13-12-3C, ReMew and Action on Plat:
The planning and environmental commission shall review the plat and
assocrafed materials and shall approve, approve with modifications or
disapprove the plat within twenty one (21) days of the first public hearing
on the exemption plat application or the exemption plat application will be
deemed approved. A longer time period for rendering a decision may be
granted subject to mutual agreement between the planning and
environmental commission and the applicant. The criteria for reviewing
the plat shall be as contained in section 13-3-4 of this title.
Design Review Board:
Action: The Design ReMew Board has NO review authority on an exemption
,plat, but must review any accompanying Design Review Board application.
Town Gouncil:
The Town Council is the appeals authority for an exemption plat review
procedure in accordance with Section 13-3-5C, Vail Town Code, which reads as
follows:
Within ten (10) days the decision of the Planning and Environmentat
Commission on the final plat shall be transmifted to the Council by the
staff. The Council ma:i appeal the decision of the Planning and
Environmental Commission within seventeen (17) days of the Planning
and Environmental Commission's action. If Council appeals the
Planning and Environmental Commission's decision, the Council shall
hear subsfantially the same presentation by the applicant as was heard
at the Planning and Environmental Commission hearing(s). The Council
shall have thirty (30) days to affirm, reverse, or affirm with modifications
the Planning and Environmental Commission.decision, and the Council
shall conduct the appeal at a regjularly scheduled Council meeting.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findings,
and a recommendation on approval, approval with mnditions, or denial. Staff
also facilitates the review process.
V. APPLICABLE PLANNING DOCUMENTS
Town Of VailZonino Code
Article 12-9A: Special Development (SDD) Distric,t (in part)
12-9A-1: PURPOSE:
The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promote its mosl. appropriafe use,.
to improve the design character and quality of the new development with the
town; to facilitate the adequate and economical provision of sfreefs and utilities;
to preserue the natural and scenic features of open space areas,' and to further
the overall goals of the community as stated in the Vail comprehensive plan
Town of Vail Subdivision Requlations
13-1-2: PURPOSE:
C. Speciftc Purposes: These regulations are
fol low i ng speciftc p urpose s:
1. To inform each subdivider of the standards and criteria by which
development proposls will be evaluated, and to provide information as
to the type and extent of improvements required.
2. To provide for the subdivision of propefiy in the future without conflict
with development on adjacent land.
3. To protect and conseve the value of land throughout the Municipality
and the value of buildings and improvements on the land.
4. To ensure that suMivision of property is in compliance with the Town's
zoning ordinances, to achieve a harmonious, convenient, workable
relationship among /and uses, consisfenf with Town development
objectives.
5. To guide public and private policy and action in order to provide
, adequate and efficient tansportation, water, sewage, schoolg parks,
playgrounds, recreation, and other public requirements and facilities
and generally to provide that public facilities will have sufficient
capacity to serve the proposed subdivisron.
6. To provide for accurate legal descriptions of newly subdivided land and
fo estab/r'sh reasonable and desirable construction deslgtn standards
and procedures.
7. To prevent the pollution of air, streams and ponds, fo assure adequacy
of drainage facilities, to safeguard the water table and to encourage
the wise use and management of natural resources throughout the
Town in order to preserue the integrity, stability and beauty of the
communfiy and the value of the land.
1 3-34: COMMTSSTO N REv I EW O F AP P Ll CAT| O N ; C R I TERI A:
The burden of proof shall rest with the applicant lo sltow that the application is in
compliance with the intent and purposes of this Chapter, the Zoning Ordinance
further intended to serue the
vt.
and other pertinent regulations that the Planning and Environmental Commission
deems applicable. Due consideration shall be given to the recommendations
made by public agencies, utility companies and other agencies consulted under
subsecftbn 13-3-3C above. The Planning and Environmental Commission shall
review the application and consider its appropriafeness in regard to Town
policies relating to subdivision control, densrtles proposed, regulations,
ordinances and resolutions and other applicable documents, environmental
integrity and compatibility with the sunounding /and uses and other applicable
documents, effects on the aesthetics of the Town.
SITE ANALYSIS
Legal Description:Dauphinais-Moslev Subdivision Filinq 1 and
Amended Final PIat: Dauphinais-Moslev
Subdivision Filinq 1: A Resubdivision of Lots 5, 6.
7, 8. 9. and 10
1450-1850 Lions ridge Loop and 1402-1428
Moraine Drive
10.69 acres (465,656 sq ft)
Special Development District No. 22
(Primary/Secondary zone district underlying zoning)
Land Use Plan Designation: Medium Density Residential
Current Land Use: Residential
Lot 5, Amended Final PIat: A R*ubdivision of Lot 5. Amended Final Plat:
Dauphinais-Moslev Subdivision Filino 1: A Resubdivision of Lots 5. 6.7. 8.
9. and 1O
Zpning:Special Development District No. 22
(Primary/Secondary (P/S) zone district underlying
zoning)
Land Use Plan Designation: Medium Density Residential
Cunent Land Use: Vacant
Develooment Standard Reouired bv P/S Proposed
Lot Area: 15,000 sq. ft. 1 1 ,817 sq. ft.
Address:
Lot Size:
Zoning:
Dimension:
Buibabb Area:
Frontage:
GRFA:
Access:
80'X80'min.
15,000 sq. ft.
30 feet min.
65 feet X 65 feet
1 1,817 sq. ft.
67 feet
Proposed to be no limitation except that which can
be constructed within the limitations of SDD No. 22.
Access to the site is via Moraine Drive, a public
road which is currently constructed.
Lot7, Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat:
Dauphinais-Moslev Subdivision Filinq 1: A Resubdivision of Lots 5, 6.7. 8.
9. and 10
Zoning:Special Development District No. 22
(Primary/Secondary zone district underlying zoning)
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
Development Standard Reouired bv P/S
Lot Area: 15,000 sq. ft.
Proposed
11,891 sq. ft.
61 feet X 61 feet
11,891 sq. ft.
60 feet
Zonino
Primary/Secondary zone district
Public Accommodation zone district
Low Density Multiple-Family zone
district
Primary/Secondary zone district
Dimension:
Buildable Area:
Frontiage:
GRFA:
Abcess:
North:
South:
East:
V{est:
80'X80'min.
15,000 sq, ft.
30 feet min.
Proposed to be no limitation except that which can
be constructed within the limitations of SDD No. 22.
Access to the site is via Moraine Drive, a public
road which is currently constructed.
VII. SURROUNDING LAND USES AND ZONING
Land Use
Residential
Hotel/Lodge
Residential
Residential
VIII. CRITERIAANDFINDINGS
Special Develooment District Maior Amendment
Chapter 12-9 of the Town Code provides for the amendment of an existing
special development districts in the Town of Vail. According to Section 12-9A-1,
the purpose of a special development district is,
'To encourage flexibility and creativity in the development of land, in order: to promote its mosf appropriate use,' fo improve the design character and
quality of the new development within the Town; to facilitate the adequate
and economical provision of sfreets dnd utilities; to preserue the natural
and scenic features of open space areas,' and to further the overall goals
of the community as stated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with
the propefty's underlying zone district, sha// estab/ish the requirements for
guiding development and uses of propefi included in the Special
Developme nt D istrict. "
The Town Code provides nine design criteria which shall be used as the principal
criteria in evaluating the merits of the amendment to an existing special
development district. lt shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each of the
following standards, or demonstrate that one or more of them is not applicable, or
that a practical solution consistent with the public interest has been achieved.
The following is a staff analysis of the project's compliance with the nine SDD
review criteria:
A. Consideration of Factors Reoardinq Soecial Develooment Districts:
A. Design compatibility and sensitivity to thE immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
The requested proposal is to eliminate the maximum allowable Gross
Residential Floor Area (GRFA) for each lot within SDD No. 22 under
Section z1-B-5 of Ordinance 9, Series of 1998, the adopting ordinance,
and an increase in the number of lots within the SDD by one by
resubdividing Lot 5, an increase lrom 22 to 23 lots. Ordinance 9,
Series of 1998 is attached for reference with text that would be
. deleted shown as strike--threugrh and added text is shown in
bold(Aftachment C).
The proposal to remove the GRFA restrictions for the lots located
within SDD No. 22, Grand Traverse, has arisen as the homes within
the SDD are not eligible for the new GRFA methodology adopted by
Ordinance 14, series of 2004, as the lots are restricted in terms of
maximum allowable GRFA in all cases far below that which would be
permitted under the underlying Primary/Secondary zone district in
regards to lot size. In addition, the homes within the SDD are no
longer eligible for a 250 addition or an inlerior conversion per the new
GRFA regulations. Staff would like to point out that the proposal to
gain the ability for additions and interior conversions to existing homes
within SDD No. 22 can be accomplished by reMsing the GRFA
limitations found within Section 4 of the SDD. Cunently, the GRFA
limitations are below that which Primary/Secondary zoning would
allow by 612 to 2,568 square feet depending on the lot.
The intent of the initial approval of SDD No. 22 was to create smaller
lots in order to protect open space. Out of the total site area included
within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and
protected as open space. When SDD No. 22was adopted the 24 lots
within the SDD ranged from 8,494 square feet to 16,248 square feet
with a majority of the lots measuring approximately 1 1,000 square feet
in size. Staff believes that as it was the original intent to have smaller
lots and a more clustered residential development in order to protect
open space. Staff believes that the subdivision of the existing Lot 5,
which measurcs 23,722 square feet into two smaller lots measuring
11,891 square feet and 11,8'17 square feet is in keeping with the
intent of the SDD.
Developmeni within the SDD is regulated by Section 4 of Ordinance
9, Series of 1998. The adopting ordinance establishes the GRFA,
setbacks, height, architectural design and materials, and orientation.
The SDD deviates from the underlying zoning of Primary/Secondary
zone district by allowing reduce front and side setbacks from 15 feet
to 10 feet on many of the lots and increasing the rear setback on the
lots located on the southem portion of the SDD from 15 feet to
setbacks ranging from 35 to 97 feet with a majority being 40 to 50
feet. GRFA within the SDD is limited by the Table located in Section
4-B-5 of the adopting ordinance. The GRFA limitations identifled in
the Table are substantially lower than that which would be permitted
by Primary/Secondary zone district regulations. On average the
maximum allowable GRFA under the SDD is 1,640 square feet less
than that permitted under Primary/Secondary zoning. Staff has
included an attachment which shows each lot, the size of the lot, the
amount of GRFA allowed under the SDD, the amount of GRFA
allowed under the Primary/Secondary zone dishict with the changes
enacted by Ordinance 14, Series of 2004, the potential square
footages of homes without GRFA limitations, allowable site coverage,
and constructed site coverage (Attachment D).
Staff believes that the elimination of GRFA limitations within SDD No., 22, will have no negative effect on the above criterion as the SDD
adopting ordinance contains all the elements to control the bulk,
mass, and height of the homes within the SDD within Section 4 of the
adopting ordinance. The proposal to eliminate GRFA within SDD No.
22 wuld be a way to conduct a controlled study on the effects on bulk
and mass of structures ]f GRFA was eliminated. Staff believes that
the existing restrictions placed upon development in SDD No. 22 will
result in new and redeveloped houses within the SDD being of similar
character to those existing today. ln addition, many of the homes
within the SDD which are currently constructed have maximized site
coverage and built to the extent of the designated setbacks or have
very little left which insures that the existing structures would change
minimally above grade. There are cunently 5 undeveloped lots within
the SDD which would potentially be constructed under regulations in
the SDD if GRFA was stricken from the adopting ordinance.
Attachment C has €*ike+hresgh text depicting the existing language
which must be stricken from Ordinance 9, Series of 1998 to eliminate
GRFA requirements. Staff believes that the reguest to eliminate
GRFA within the SDD complies with this criterion.
B. Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and ac{ivity.
The proposed elimination of GRFA within SDD No. 22 and the
increase in the number of lots within the SDD from 22 to 23 will not
10
c.
D.
have a negative impact on the items identified in this criterion. The
initial approval of SDD No. 22 included 24 lots which was
subsequently replatted to include 22 lols. This proposal would take
the SDD up to 23 lots. The proposed elimination of GRFA would also
have no negative impact on this criterion as there are several other
factors contained within SDD No. 22
Compliance with parking and loading requirements as outlined in
Chapter 12-10 of the Vail Town Code.
The proposed amendments to the SDD do not have any negative
effect on this criterion. All lots developed within the SDD will comply
with the parking standards.
Gonformity with the applicable elements of the Vail
Gomprehensive Plan, Town policies and Urban Design Plan.
The proposed amendment to increase the number of lots in the SDD
lrom 22 to 23 complies with the Vail Comprehensive Plan. However,
the request to eliminate GRFA within SDD No. 22 would be different
in policy to how the remainder of the community is regarded to size of
structures. Staff believes for several reasons as outlined in Staffs
response to Criterion A of this Section that the size of homes within
the SDD on the vacant lots or any future redeveloped lot would be
fundamentally similar to those which are constructed within the SDD
cunently. Of the homes curently constructed many have already
maximized site coverage so any addition to be made if GRFA was
eliminated from the SDD would be below grade or in a vaulted area of
the home. The combination of requirements contained within the
SDD which include, setbacks which are more restrictive in areas, site
coverage limited to 25%, heights of 33 feet, garuge door orientation,
and architectural minimums, will sufficiently control the bulk, mass,
and height of the structures which remain to be constructed or for
future additions. In addition, the fact the lots within the SDD were
allowed to be smaller than that required by the base zoning in order to
preserve open space and sensitive areas limits the size of the
structures dramatically as there is limited areas to construct a
structure upon each site.
ldentification and mitigation of natural and/or geologic hazards
that affect the propefi on which the special development district
is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the
Crossroads development site is not located in any geologically
sensitive areas. Staff believes that the application complies with this
criterion.
Site plan, building design and location and open space
provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and
E.
F.
1L
o
overall aesthetic quality of the community.
As was stated in staffs response to Criterion A the initial adoption of
SDD No. 22 was designed to preserve open space and sensitive
areas. The cunent proposal would not alter that initial approval.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The circulation system for this SDD was approved in the initial
adoption of SDD No. 22 and is cunently in place and functioning.
This proposal does not alter that circulation system.
H. Functional and aesthetic landscaping and open space in orderto
optimize and preserve natural fsatures, recneation, views and
functions.
As was stated in staffls response to Criterion A the initial adoption of
SDD No. 22 was designed to preserve open spaoe and sensitive
areas. The cunent proposal would not alter that initial approval.
L Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development
of the special development district.
The applicant is proposing to construct the homes on the proposed
and existing lots as the own€rs desire to construct upon them.
Findings:
The following findings are used for a Major Amendment to an SDD:
1. That the proposed major amendment to Special Development District No. 22
complies with the nine design criteria outlined in Section 12-94€ of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction
of the Commission, based upon the testimony and evidence presented during
the public hearing, that any adverse effects of the requested deviations from
the development standards of the underlying zoning are outweighed by the
public benefits provided. Lastly, the Commission finds that the request is
consistent with the development goals and objectives of the Town.
2. With regards to the proposed elimination of GRFA, that:
a. Proposed development controls, such as setbacks, site coverage,
height, orientation, and architectural design, exist within the text of
SDD No. 22, Grand Travers, to adequately control bulk, mass, and
height of structures, and will maintain the character of new structures
to those which exist;
b. Proposed development controls comply with applicable elements of
the Vail Village Urban Design Guide Plan and Design Considerations.
L2
c. Proposed development controls will provide adequate availability of
light, air and open space.
d. Proposed development controls within the SDD will provide a
compatible relationship with buildings and uses on adjacent
properties.
e. Proposed development controls will result in creative design solutions
or other public benefits that could not othenrrise be achieved by
conformance with prescribed GRFA standards.
3. With regards to the proposed increase in the number of lots from 22lo 23,
that
a. Proposed increase in lots provides necessary separation between
buibings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
b. Proposed increase in lots comply with applicable elements of the Vail
Village Urban Design Guide Plan and Design Considerations.
c. Proposed increase in lots will provide adequate availability of light, air
and open space.
d. Proposed increase in lots will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed increase in lots will result in creative design solutions or
other public benefits that could not othenruise be achieved by
conformance with prescribed setback standards.
4. That the proposed development controls within SDD No, 22, Grand Traverse
are in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations.
5, That the development is in compliance with the purposes of the
Primary/Secondary zone district, that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
Comprehensive Plan.
Minor Subdivision
A basic premise of subdivision regulations is that the minimum standards for the
creation of new lots must be met. This subdivision will be reviewed under Title
13, Subdivision Regulations, of the Town of Vail Code.
1. The first set of criteria to be considered by the Planning and
Environmental Commission for a Minor Subdivision application is:
E!-Area: The minimum lot area for the Primary/Secondary zone district
is 15,000 square feet. The proposed area of Lot 5 would be 11,817
square feet. The proposed area of Lot 7 would be 11,891 square feet.
The two proposed resulting lots do not meet this requirement for the
Primary/Secondary zone district. However, the intent of the approval of
SDD No. 22 was to create smaller lots in order to protect open space.
Out of the total site area included within SDD No. 22, 10.69 acres, there
13
o
was 3.741 acres set aside and protect as open space. When SDD No. 22
was adopted lots within the SDD ranged from 8,494 square feet to 16,248
square feet with a majority of the lots measuring approximately 11,000
square feet in size. Staff believes that as it was the original intent to have
smaller lots and a more clustered residential development in order to
protect open space and the lot which is proposed to be subdivided was
previously two smaller lots prior to the recording of the Amended Final
Plat: Dauphinais-Moslev Subdivision Filinq 1: A Resubdivision of Lots 5.
6. 7. 8.9. and 10
Buildable Area: The minimum buildable area for the Primary/Secohdary
zone district is 15,000 square feet. The two proposed lots do not meet
this requirement. However, for the same reasons identified above small
lots which do not meet this requirement conform to the intent of SDD No.
22.
@tare: The Primary/Secondary zone district identifies a minimum
frontage requirement of 30 feet. The two proposed lots meet this
requirement.
Dimension: The Primary/Secondary zone district requires lots to be able
to enclose a square with a minimum dimension of 80 feet by 80 feet. The
two proposed lots do not meet this requirement. However, for the same
reasons identified above small lots which do not meet this requirement
conform to the intent of SDD No. 22.
2. The second set of review criteria to be considered with a minor
subdivision request is outlined in the Subdivision Regulations, 13-3-4, and
is as follows:
'The burden of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes of this
Chapter, the Zoning Ordinance and other pertinent regulations
that the Planning and Environmental Commission deems
applicable....The Planning and Environmental Commission shall
review the application and consider its appropriateness ln regard
to Town policies relating to subdivision control, densrUes
proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and compatibility
with the sunounding /and uses and other applicable documents,
et7ecfs on the aesthetics of the Town.'
The purpose section of Title 13, Subdivision Regulations, is intended to ensure
that the subdivision is promoting the health, safety and welfare of the community.
The subdivision purpose statementftom 1&1-2 (C) are as follows:
1. To inform each subdivider of the standards and criteria by which
development proposa/s will be evaluated and to provide
information as fo the fype and ertent of improvements required.'
Staff Response: The applicant was informed as to the standards and
L4
criteria by which the proposed plat and future development would be
evaluated. One purpose of subdivision regulations, and any development
control, is to establish basic ground rules which the staff, the PEC, the
applicant and the community can follow in the public review process.
Development on these two lots is governed by the SDD No. 22 adopting
ordinance. With this proposed subdivision several portions of the SDD
must be amend which where changes when the Amended Final Plat:
Dauphinais-Moslev Subdivision Filino 1: A Resubdivision of Lots 5. 6. 7.
8. 9. and 10 was filed to combine two lots resulting in a larger Lot 5. The
changes that are necessary to make to the text of SDD No. 22 can be
found within Attachment C. Although this request does not involve the
creation of a new subdivision it does include the resubdivision of an
existing parcel of land, the minor subdivision process is the appropriate
process to take one lot and subdivide it into two smaller lots. As a part of
the overall application the applicant is requesting to eliminate the GRFA
limitations identified within SDD No. 22. lf that portion of the application is
approved by the Town Council the two newly created lots would be
limited in development potential by site coverage, setbacks, height,
architecture, and orientation. However, if this portion of the application is
not approved staff would suggest that Section 4 of SDD No. 22 be revised
to limit the two newly created lots to 3,157 square feet of GRFA a piece
which is a split of the GRFA permitted on the larger Lot 5 as it exists
currently.
2. To provide fq the subdivision of property in the future without
conflictwith development on adjacent land."
Staff Response: This proposed minor subdivision take a large lot and
subdivides it into two smaller lots which existed prior to being combined
and will not adversely affect adjacent land. The proposed minor
subdivision does not make either property undevelopable or non-
conforming with regard to zoning requirements found within SDD No. 22.
3. To protect and conserue the value of land throughout the
Municipality and the value of buildings and improvements on the
land.
Staff Response: The proposed minor subdivision will have no
detrimental affect on the value of land within the Town.
4. To ensure that subdivision of property is in compliance with the
Town's zoning ordinances, fo achieve a harmonious, convenient,
workable relationship among land uses, consisfenf with Town
d evel op m e nt objectives.
Staff Response: Staff believes the proposed minor amendment will not
preclude a harmonious, convenient and workable relationship among land
uses consistent with municipal development objectives. The proposed
minor subdivision does not make either property undevelopable or non-
conforming with regard to zoning requirements found within SDD No. 22.
15
5. To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schoo/s,
parks, playgrounds, recreation, and other public requirements and
facilities and generally to provide that public facilities will have
sufficient capactty to serue the proposed subdfuisrbn.
Staff Response: The subdivision regulations are intended primarily to
address impacb of large-scale subdivisions of property, as opposed to
this particular proposal to amend this plat. Staff does not believe this
proposal will have any negative impacts on any of the above-listed public
facilities.
6. To provide for accurate legal descriptions of newly subdivided
land and fo estab/ish reasonable and desirable construction
design standards and procedures.
Staff Response: The proposed minor subdivision will provide for
accurate legal desoiptions for the two newly configured properties.
7. To prevent the pollution of air, streams and ponds, to assure
adequacy of drainage facilities, to safeguard the water table and
to encourage the wise use and management of natural resources
throughout the Town in order to preserue the integrity, stability,
and beauty of the community and the value of the land.
Staff Response: The proposed minor subdivision will have no negative
affect on the cdteria listed above.
Findings:
The following findings are used for a Minor Subdivision:
1. That the application is in compliance with the intent and purposes of the
Minor Subdivision Chapter, the Zoning Ordinance and other pertinent
regulations that the Planning and Environmental Commission deems
applicable.
2. That the application is appropriate in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity and
.compatibility with the sunounding land uses and other applicable documents,
and effects on the aesthetics of the Town.
STAFF RECOMMENDANON
The Community Development Department re@mmends that the Planning and
Environmental Commission fonvards a rocommendation of approval to the Vail
Town Council to allow for a major amendment to Special Development District
No. 22, Grand Traverse, modifying the GRFA calculations for the District and
inpreasing the number of lots for the District with the findings listed below. StafFs
L6
recommendation is based upon a review of the criteria and findings as outlined in
this memorandum and from the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of the applicant's request, staff recommends that
the following findings be made as part of the motion:
1. That the proposed major amendment to $pecial Development District No. 22
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction
of the Commission, based upon the testimony and evidence presented during
the public hearing, that any adverse effects of the requested deviations from' the development standards of the underlying zoning are outweighed by the
public benefits provided. Lastly, the Commission finds that the request is
consistent with the development goals and objectives of the Town.
With regardsto the proposed elimination of GRFA, that:
a. Proposed development controls, such as setbacks, site coverage,
height, orientation, and architectural design, exist within the text of
SDD No. 22, Grand Travers, to adequately control bulk, mass, and
height of structures, and will maintain the character of new structures
to those which exist:
b. Proposed development controls comply with applicable elements of
the Vail Village Urban Design Guide Plan and Design Considerations.
c. Proposed development controls will provide adequate availability of
light, air and open space.
d. Proposed development controls within the SDD will provide a
compatible relationship with buildings and uses on adjacent
properties.
e- Proposed development controls will result in creative design solutions
or other public benefits that could not otherwise be achieved by
conformance with prescribed GRFA standards.
With regards to the proposed increase in the number of lots trom 22 to 23,
that:
a. Proposed increase in lots provides necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentrally sensitive areas.
b. Proposed increase in lots complies with applicable elements of the
Vail Village Urban Design Guide Plan and Design Considerations.
c. Proposed increase in lots will provide adequate availability of light' air
and open space.
d. Proposed increase in lots will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed increase in lots will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
3.
t7
4. That the proposed development controls within SDD No. 22, Grand Traverse
are in conformance with applicable elements of the Vail Mllage Urban Design
Guide Plan and Design Considerations.
5. That the development is in compliance with the purposes of the
Primary/Secondary zone district, that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
Comprehensive Plan.
The Community Development Department recommends that the Planning and
Environmentaf Commission approves with conditions the Amended Final Plat:
A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moslev Subdivision
Filino 1: A Resubdivision of Lots 5. 6. 7. 8. 9. and 10, pursuant to Chapter 13-4,
Minor Subdivisions, Vail Town Code, to create Lots 5 and 7, located at based
upon the criteria evaluated in this rnemorandum.
Should the Planning and Environmental Commission choose to approve the
minor subdivision request staff recommends that the following conditions be
made as a part of that motion:
1. That the appficant not record the proposed plat, Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moslev Subdivision
Filinq 1: A ResuMivision of Lots 5. 6. 7. 8. 9. and 10, until both readings of an
ordinance to amend SDD No. 22, Grand Traverse, without GRFA limitations
has be adopted by Town Council. lf an ordinance to adopt SDD No. 22,' Grand Traverse, without GRFA limitations is not approved by Town Council
that a GRFA limitation on the new Lot 5 and 7 will be 3,157 square feet for
each lot and the SDD will be amended and adopted according to Town of Vail
Code.
2. That the applicant revise the title of the plat to state Amended Final Plat: A
Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moslev SuMivision
Filino 1: A Resubdivision of Lots 5.6.7. 8.9. and 10 and replace the Town
Council signature block with the conect Planning and Environmental
Commission signature block prior to submitting the mylar copies for
. recording.
Should the Planning and Environmental Commission choose to approve the
minor suMivision request staff recommends that the following findings be made
as a part of the motion.
1. That the application is in compliance with the intent and purposes of the
Minor Subdivision Chapter, the Zoning Ordinance and other pertinent
regulations that the Planning and Environmental Commission deems
applicable.
2; That the application is appropriate in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, enMronmental integrity and
compatibility with the sunounding land uses and other applicable documents,
18
and effects on the aesthetics of the Town.
X. ATTACHMENTS
A. Vicinity Map
B. Reduced Copies of the pfats ol lhe Amended Final Plat: Dauphinais-Moslev
Subdivision Filina 1: A Resubdivision of Lots 5, 6.7. 8. L and 10 and the
proposed Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat:
Dauphinais-Moslev Subdivision Filinq 1: A Resubdivision of Lots 5, 6,7. 8. 9,
and 10
C. Copy of SDD No. 22, Grand Traverse
D. Table of statistics for SDD No. 22, Grand Travers, prepared by stitff
19
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ORDINANCE NO.9
Series of 1998
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 10,
SERIES OF 1991, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO.22, GRAND TRAVERSE, THAT CONCERN THE LOT SIZES, THE
NUMBER OF LOTS, THE CORRESPONDING DEVELOPMENT STANDARDS AND
ARCHITECTURAL GUIDELINES; AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special
Development Districts within the Town; and
WHEREAS, The Town Councilapproved Ordinance No. 10, Series of 1991
Special Development District No. 22, Grand Traverse; and
WHEREAS, Dauphinais-Moseley Construction has requested to amend the
existing Special Development District No. 22; and
WHEREAS, Section 12-9A-10 of the Vail Municipal Code provides
procedures for major amendments to existing Special Development Districts; and
. WHEREAS, The applicant has complied with the requirements outlined in
Section 12-9A-10 of the Vail Municipal Code; and
WHEREAS, The Special Development District provides for creativity and
flexibility to allow for the development of land within the Town of Vail; and
WHEREAS, There is an identified need for quality affordable housing in the
community; and
WHEREAS, On June 8, 1998, the Planning and Environmental Commission
held a public hearing on the major amendment proposal and has recommended
that certain changes be made to Special Development District No. 22, Grand
Traverse; and
WHEREAS, The Town Council considers that it is reasonable, appropriate,
and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
re-enact Ordinance No. 10, Series of 1991 to provide for certain changes in
20 Attachment: c
Special Development District No. 22, Grand Traverse.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 1991 is hereby
repealed and re-enacted to read as follows:
Text to be deleted is shown as strike{hreugh and text to be added is shown in
bold.
Section 1. Amendment Procedures Fulfilled. Planninq Commission Reoort
The approral procedure prescribed in Title 12, Chapter 9, Section 1 0(B) of the Vail
Municipal Code have been fulfilled, and the Vail Town Council has received the
report of the Planning and Environmental Commission recommending approval, of
the proposed development plan for Special Development District No. 22.
Section 2. Soecial Develooment District No. 22
Speciaf Development District No. 22 (SDD 22) and the development plan
therefore, are hereby approved for the development of Lots 1 through 19, Block 2,
Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres.
Section 3. Purpose
Special Development District No. 22 is established to ensure comprehensive
development and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town
by the Town Council and meets each of the design standards and criteria as set
forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects
of Special Development District No. 22 that are difficult to satisfy through the
imposition of the standards of the underlying PrimaryiSecondary Residential Zone
District. Special Development District No. 22 allows for greater flexibility in the
deVelopment of the land than would be possible under the cunent zoning of the
property. The smaller single-famif lots provide the opportunity for a common
2t
open space for the subdivision as well as the means to preserve the southerly
ridge line of the property. Special Development District No. 22 proMdes an
appropriate development plan to preserve the visual quality of the site from within
the subdivision as well as adjacent properties in fte communig in general.
Section 4. Develooment Plan
The development plan for SDD 22 is approved and shall.constitute the plan for
development within the Special Derrelopment District. The development plan is
comprised of those plans submitted by Dauphinais-Moseley Construction and
consists of the following documents:
1 . Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado,
Intermountrain Engineering, dated July 7, 1998.
2. Conceptual landscape plan, lntermountain Engineering, dated July 7, 1998.
3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-
19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of
Eagle, Strate of Colorado, sheets 1 and 2, Intermountrain Engineering Limited,
dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision
Fifing No. 1, A ResubdiMsion of Lots 5,6,7,8,9V 10, Town of Vail, County
of Eagle, State of Colorado, Intermountain Engineering, dated July 21 , 1998,
and Amended Final Plat: A Resubdivlsion of Lot 5, Amended Final Plat:
Dauphinais-Mosley Subdivlslon Filing 1: A Resubdivision of Lots 5, 6, 7,
8, 9, and 10, Town of Vail, County of Eagle, State of Golorado,
Intermountain Engineering, dated .2005.
4. Construction, grading and drainage drawings for a resubdivision of Lots 1-
19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town
of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets
1-8, dated March 9, 1989.
5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing.
6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990.
7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August
23, 1990, July21, 1998, and .2005.
22
B. The development standards shall be as follows:
1. Acrease: The total acreage of this site is 10.69 acres
or 465,650 square feet.
2. Permitted Uses: The permitted uses for SDD 22 shall
be:
a. Single family residential dwellings
b. Open space
c. Public roads
d. Employee dwelling units as defined in Section 5, paragraph G of this
ordinance.
3. ConditionalUses:
. ' a. Public utility and public seMce uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Public park and recreation facilities
4. Accessory Uses:
a. Privategreenhouses,toolsheds, playhouses,
garages or carports, swimming pools, patios, or recreation facilities
customarily incidental to single-family uses.
b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-1+12 of the Vail
MunicipalCode.
c. Other uses customarily incidental and accessory to permitted or
mnditional uses, and necessary for the operation thereof.
ffi
23
24
o
stef€ge
areas, Atties; erawl spaees and reefed er cevered deeks; perehes; t€naees er
Palagr€P*bel€*
M
1, Garage spaees ef up t+th'ee hundred (300) squar+feet Ber g€rage
spaee nelexeeeding a maximum ef twe spaees fer eaeh allowable
dwelling unit and ene twe epaeesfer eaeh eenstrHeted empleyee unit,
eenstruetien ef a reef with truee type members will-be exeludeC frem
' thirtyjnehes
"U"rt-
?, Crawl spaees aeeessible thieugh an epening net greater than twelve
square feet in area; with five feet er less ef €€iling height; as measured
frem the surfaee efthe eartFFb the cnderside efstrueturel fleer
, '1, Reefed epeevered deeks; Berehes; tenaees; paties er similar
feature/efaee with ne mere than three exterier walls and a miniTum
eBeni
epening is eer*igueus anC fully eBe+frem fleer te eeiling; with an
25
o
GRFA shall be ealeulated by meaeuring the tetal square feetage ef a
building as set ferth in Seetien 12 2 2 ef the Vail Munieipal Ged+
t*at+$*ar+feetag€,
tr aAeitien te tne a
@
65. Setbacks: Minimum setbacks shall be as indicated on the approved site
development plan by lntermountiain Engineering, dated July 7, 1998. A 4-foot
roof overhang shall be allowed in the front setback for Lots 15-19, provided the
rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in
the rear setback of Lots 20-24, provided the front setback is increased by 4 feet.
Roof overhangs shall be allowed to encroach up to 2'feet into the required side
setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5
feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-1 4
and Lots 20-24. No other setback encroachments shall be allowed.
+6. Densitv: Approval of this development plan shall permit a total of 22 23 singl+.
family dwelling units on the entire property. A minimum of 6 employee dwelling
units shall be required. A maximum of *23 employee dwelling units shall be
permitted on the entire property.
87. Buildinq Heioht For a flat roof or mansard roof, the height of the building shall not
exceed 30 feet. For a sloping roof, the height of the building shall not exceed 33
feei. tne height calculation shall be made by measuring from the existing grade
as indicated on the lntermountain Engineering Topographical Survey dated March
1 3, 1990 or finished grade. Height shall be calculated per Section 12-2-2 ol the
Vail MunicipalCode.
26
98. Site Coveraoe: Not more than 25 percent of the total site area on each lot shall be
covered by buildings. with the exeeBtien ef tet 6, en tet 5i net mere than 20
"Site coverage" shall
mean the ratio of the total buibing area on a site to the total area of a site,
expressed as a percentage. For the purpose of calculating site coverage,
"building area" shall mean the total horizontal area of any building as measured
from the exterior face of perimeter building walls or supporting columns above
grade or at ground level, whichever is the greater area. Building area shall include
all buildings, carports, porte cocheres, arcades, and covered or roofed walkways.
In addition to the above, building area shall also include any portion of roof
overhang, eave, or covered stair, covered deck, covered porch, covered terrace or
covered patio that extends more than four feet from the exterior face of perimeter
building walls or supporting columns.
{€9. Paikinq: Parking shall be as required in Title 12, Chapter 10 of the Vail Municipal
Code. Each employee dwelling unit shall be required to have at least one
enclosed garage parking space.
{410. Desiqn Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the Special
Development District No. 22. The guidelines are as follows:
a. Architectural. The architectural design of the buildings upon the site shall
be such that buildings relate harmoniously to each other. This is not to
imply that each buiding must look exactly similar to those around it, but
that compatibility be achieved through the use of scale, materials and
colors, and building shape and form. The oveniding concem is that, upon
completion, the Special Development District, because of the clustered
nature of the small single family lots situated around common open
27
b.
o
space, should appear to be an integrated development possessing a
common architectural quality, character, and appearance. To this end the
following general design criteria shall be followed by the developer and
individual lot owners:
A palette of colors shall be as set forth in the Lionsridge Color Palette
from
Amold/Gwathmey/Praft dated March 1990. Colors are indicated for the
use on different types of building materials and elements such as stucco
colors, siding mlors, metal flashing, windows, accent colors, etc. The
palette of colors indicate a ra,nqe of acceptable colors in order to
encourage similarity on one hand, but also diversity within the acceptable
ranoe.
The following building standards and materials shall be adhered to:
Roof. The roof pitch shall be a minimum 8112and a maximum o'f 12112.
A gable, clipped gable or hipped roof shall be mandatory. Dormers shall
be allowed and reviewed by the Design Review Board. The roofing
material shall be cedar shake shingles with staggered butts.
Chimnerrs. The chimneys shall be stucco with chimney caps of
weathered copper.
Flues. All flues shall be galvanized or painted sheet metal, painted to
match the roof.
Main Fascia. The main fascia shall be a solid color stain, with brown,
taupe, or gray.
Secondarv Fascia and Metal Railinos above the First Floor. The
secondarv fascia and metal railings above the first floor shall be a muted
accent trim color to be reviewed by the DRB.
c.
(1)
(2)
(3)
(4)
(5)
28
o
(6)
(7)
Walls. Walls shall be of stucco and horizontal or vertical wood siding.
Stucco colors shall be gray, beige or off-white. Wood siding colors shall
be gray, brown or taupe.
Stone. Residences will have a minimum of a two foot high stone
wainscot in rainbow mix with a sandstone cap around the perimeter of the
structure except under docks where substantially concealed by
landscaping.
Wndows. Windows shall be recessed a minimum of two inches from the
outside wall plane and have a sandstone sill. Trim shall be whiter taupe
or brown.
Outdoor Liohtino, Outdoor lighting shall be indirect with a concealed
souroe except for an entry chandelier, two caniage lights and one pilaster
light which may be exposed globes with a fixture of black or weathered
cppper look metal. The maximum number of outdoor lights permitted on
each lot shall be 15 regardless of lot size. Outdoor lights which conform
with Ordinance #22, Series of 1997, shall be exempt. Allexterior lighting
shall be reviewed by the DRB.
Garaqes. No garage doors shall directly face the street, except on Lot 24
and Lot 14.
A residential address/nameplate if desired by the owner shall be located
on the side of the garage facing the access point to the lot.
When the individual landscape plans are designed for individual lots,
special care shall be taken in the design of side yard landscaping in order
to provide adequate screening between structures.
(e)
(8)
(10)
(11)
(12)
{211. Recreational Amenities Tax The recreation amenities tax shall be assessed at the
rate for a single.family residential zone district.
29
Section 5. Conditions of Aooroval
A. The major amendment to Special Development District No. 22, Grand
Traverse, shall not be effective until the major subdivision is recorded by
the Town of Vail at the Eagle County Clerk and Recorde/s ffice.
B. The major subdiMsion shall be recorded at the Eagle County Clerk and
Recorder's Office prior to a building permit being released for any
construction on Lots 2, 5, 7 ,9 or 1 0.
C. The development of Special Development District No. 22 will have
impacts on the available employee housing within the Upper Eagle Valley
Area. In order to help meet this additional employee housing need, the
developer of Special Development District No. 22 shall proMde employee
housing on site. The following restrictions shall apply to all employee
dwelling units within SDD No. 22:
1. The developer shall build a minimum of six employee dwelling
units within the subdivision. Each employee dwelling unit shall
have a minimum square footage of 400 square feet not to exceed
800 square feet and is allowed to have a kitchen. The €RFr'€nd
number of employee units shall not be counted toward allowable
density €r€RFA for Special Development District No. 22. The
developer may choose to transfer up to 300 sq. ft. eF€RFA from
the primary unit to the employee unit. The €RFA transfened will
The developer may provide up to 15 employee dwelling units
including the 6 required dwelling units if so desired.
2. The employee dwelling units may be located on any of the lots
within the subdivision providing all the development standards are
30
3.
met for each lot. Only one employee dwelling unit shall be
allowed per lot with a maximum of 15 units allowed. An employee
dwelling shall be incorporated into the structure of the primary
residence and shall not be allowed to be separated from the
primary unit. Each employee dwelling unit shall at least one
enclosed garage parking space. This parking space shall not be
detached from the single-family garage or structure. Each phase
of construction shall include a minimum of one employee dwelling
unit until six employee dwelling units are constructed and
avaihbb for rental.
The Employee Housing Unit shall be leased to tenants who are
full-time employees who work in Eagle County. An EHU shall not
be leased for a period less than thifi consecutive days. For the
purposes of this section, a full-time employee is one who works an
average of thirty hours each week.
An EHU may not be sold, transfened, or conveyed separately
from any two family dwelling it may be a part of.
The EHU shall not be divided into any form of timeshares, interval
ownership, or fractional fee ownership as those terms are defined
in the Municipal Code of the Town of Vail.
No laterthan February 1 ofeach year, the owner ofeach
employee housing unit within the town which is constructed
following the effective date of this chapter shall submit two copies
of a report on a form to be obtained from the Community
Development Departnent, to the Community Development
Department of the Town of Vail and Chairman of the Town of Vail
4.
5.
6.
31
Housing Authority setting forth evidence establishing that the
employee housing unit has been rented throughout the year, the
rental rate, the employer, and that each tenant who resides within
the employee housing unit is a full-time employee in Eagle
County.
7. The owner of each EHU shall rent the unit at a monthly rental rate
consistent with or lower than those market rates prevalent for
similar properties in the Town of Vail.
8. The Town of Vail Housing Authoritywilldetermine the market rate
based on the study of other units of comparable size, location,
qualig and amenities throughout the Town. The market rate shall
be based on an average of a minimum of five rental rates of
mparable units. lf the unit is not rented and is not available at
the market rate it shallbe determined to be in noncompliance. In
addition to any other penalties and restrictions provided herein, a
unit found to be in noncompliance shall be subject to publication
as determined by the Housing Authority.
9. The provisions of these restrictive covenants may be enforced by
the O,rrner and the Town.
10. The conditions, restrictions, stipulations, and agreements
contained herein shall not be waived, abandoned, terminated, or
amended except by the written consent of both the Town of Vail
and the orrrner of the property.
D. , The architectural and landscape design guidelines shall be incorporated
into the subdivision covenants before the final plat is recorded at the
Eagle County Clerk and Recorde/s ffice. The Town Of Vail shall be
32
party to these agreements.
Section 6. Amendments
Amendments to Special Development District No. 22 shall follow the procedures
contained in Section 18.rrc.100 of the Vail Municioal Code.
Section 7" Exoiration
The applicant must begin construction of the Special Development District within 3 years
from the time of its final approval, and continue diligently toward completion of the
project. lf the applicant does not begin and diligently work toward the completion of the
Special Development District or any stage of the Special Development District within the
time limits imposed by the preceding subsection, the Planning and Environmental
Commission shall review the Special Development Diskict. They shall recommend to
the Town Council that either the approval of the Special Development District be
extended, that the approval of the Special Development District be revoked, or that the
Special Development District be amended.
Section Q.
lf any part, section, subsection, sentence, clause or phrase of. this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases by declared invalid.
Section 9.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and
inhabitants thereof.
33
The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occuned prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 11.
All bylaws, orders, resolutions and ordinances, or parts thereol inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore
repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS _ day of
_, 2005, and a public hearing shall be held on this ordinance on the _ day of _,
2005, at 6:00 p.m. in the Council Chamber of the Vail Municipal BuiHing, Vail, Colorado
Ordered published in full this _ day of . 2005.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
34
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED By Tifle Only this day of
-,
2005.
ATTEST:
LorelEi Donaldson, Town Olerk
t
35
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Attachment D
3 -. d) -f'J, F @ d, 3 = S I : P I : 3 P R F N R *
tr
D
tr
tr
tr
tr
tr,
B Conditional Use Permit $650tr Floodplain Modification $400Cl Minor Exterior Alterauon $650O Major Exterior Alteration $800tr Development Plan $1500tr Amendment to a Development Plan $250tr Zoning Code Amendment $1300D Variance $500tr Sign Variance $200
?- To
Location of the Proposal: Lot:_Block:_
Parcer No.: 2103 ILL 6q631 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):P to^)
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
(t'fi6€
iL,* I
ocil
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Fronbge Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring Planning and Environmental Commission review must receive approral prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review @nnot be accepted until all required information
is received by the Community Development Depatment. The project may also need to be reviewed by the To/'rn
Council and/or the Design Review Board.
Type of ApplicaUon and Fee:
Rezoning $1300
Major Subdivision 91500
Minor Subdivision $650
Exemption Plat $650
Minor Amendment to an SDD $1000
New Special Development District $6000
Major Amendment to an SDD $6000
Major Amendment to an SDD $1250
(no exteior modifiations)
physicaf Address: i4to ftotlntleT:t , (, rc rCO 916S?
nThte(6e
For Office Use Onlv:# r'j,'Ji7iFf"'t' cn*x no.:3 52{ av:
Page I of2-01/l
ffi6TJUN2e Zo0b
Jun 29 O5 lO: lEia p.ls4scto74s
-fsallEffi.ffi Apflication for Review by the
ETEEIEA 'tEffi Planning and Environmental Gommisslon
Tnlrnrn-trTmfEryf f rrrury, I t,- yA.rr',' oePAtttt€nt Of Coatrmrnitt De!€lqnentr!''rtrr vr |t,*Lw Tssora' rrcntag. no"a,'vatr:., corooio sresz
td:. 9-to.479,2139 taxt 970.a79.2152
neb: wnnr.si.vailcots
Gsro|al Inlbnnation:
All Fojeds rcqutilg nanning ard & rlrumertal Coombskn retdew nui reciw apprwal prb. b g|HflitdoE a
building parrrft appliso. ncasc rcflr to iie sJb{rtf'ltll ruquldn€I|ts tbr the panhdar approvrl Orat b rlque*ed.
Al apflic.tbn fur PhnnirE and'Em/imnnrcntrl CflimBSon r6/i€tiy canBd be acoeded unul all rcquked inbfn*ton
is r€an cd by ttE grmmudty Derdopment Dcpntnint Tte prqied nty also need b bc levteHld bt lle Tc.,Yt
CouEil and/or the Dedgln Raicv Board.
TyTc of Apy'icatim aDd Fee
tr R@niE il:mOtr t{aJgr Subdlvtsion 11500tr Mircr Subdividon f650tr D{.ilt*idt Plat . t65otr MlDr Amcndrnnt to aa Sm $f0@tr l{err Spcchl Oevdognrnt Disbid $6m0B l.,l.tor Anendrnort b an sDD $flnoO .Major AmE dment b en sDD f 1250
(,b extedw t rdilb{tora)
Location of thc pmpot l: Lob-8lodc- SuMvidm;
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tr
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Condftuna! U* Perfldt
Floo@h Hodlffio.l
Mlror Eccrbr Alt€ratbn
Mrjor Sftefh Altetalton
Da,t oqncrt Plan
nrnendnent o a D6|dopmst Phn
Zdlitrg Co.F Amendtnett
lladdn€
SignVbtuic
t650
$4m
$650
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prrydcatAddress, i*la AorlAtteDf- t 04u-t(a 9|t'f ?
Percel ilo.!(Contad Eagh Ca. ,tsessor at 97f328€6{0 Gor patcd no.)
Zoning:
Oh,nc{s) Slgnabrc(s):
Name of Applacantl
Hatling Address:
E-maif^,ith.ssr
-,
llse Only:
Fee Pald:
Ailrcdgr D!ts-Chcck No.:- By:
Plge I of2-01/l8/{n
Ir{eiling Addrese:
'Printable Details
Account Number:
Parcel Number:
Tax Area:
iilll tevy:
Owner Name/Addrest:
Legal Descriptlon:
Physlcal Address:
Acrec:
Page I of I
R049241
210312209031
sc103
47.7190
JOHNSON, SANKEY A. & CAROLYN L.
2310 HUNTINGTON POINT RD W
WAYZATA, MN 55391
SUB:DAUPHINAIS.MOSELEY FIL 1 LOT:S
R703685 MAP 07128/99
OO141O MOMINE DR VAIL
0.55
Propertlt Tax Valuation Informatlon
Aclual Value Assessed Value Value
Land 680000 197200
lmprov€menta
Total 680000 157200
Sale Hlstory
lmprovement Informatlon
ResidentialBuildings: 0
CommercialBuildings: 0
Heated Areas
Building Charac{erietlcs (Flret lmprovment In Account)
Tax Hlstory
TaxYearTransactionTypo Amount
2004 TaxAmount 7245.66
2004 Tax Payment: Whole -7245.66
2003 Tax Amount 7070.58
2003 Tax Payment First Hatf -3535.29
2003 Tax Payment Second Half -3535.29
2002 TaxAmount 6655.56
2OO2 Tax Payment: First Half -3327.78
2002 Tax Payment: Second Half -3327.78
2OO1 TaxAmount 5340.76
2001 Tax Payment: First Half -2670.38
2001 Tax Paym€ni: Second Half -2670.38
2000 Tax Amount 5992J12
2000 Tax Payment First Half -2996.06
2000 Tax Paymenh Second Half -2996.06
http ://www. eaglecounty.uVpatie/printable_detail s. cfrn 07/01t2005
+a"t******+t+********+**f'il*a*+a*+ta*t***+**+t+*ft*f+*++++*+**+++++*+t**++**r.rrrr*r.+r****rr.*r.+
TOWN OF VAIL, COIORADO Statem€nt*l*******+t't't+********{r{t'tl*l*+****++**at+**+***+++a*****************t*************'}****'t't*+*
Sta.tement Number: R050000992 Anount: $1,250.00 07/OL/2OOSL1 :11 Alr
Paltment. Method: Check Init: IJC
Notation:
#3 525/DAUPINAIS-MOSEI.,EY CONSTRUCTION
Permit lilo: P8C050056 fyl)e: PEC -MaJ SDD No Exts Chg
Parcel No: 2103-122-0903-1
Site Address: 1410 IUORAINE DR \fAILLocation: 1410 IIIORAIIIE DRfVE
Total Feeg: $1,250.00Thie Payment: $1,250.00 Total ALIJ PmtE: $1,250.00Balance: S0.00
ACCOUNT ITEM LIST:
Account Code Deecript,lon
PV OO1OOOO31125OO PEC APPI.,ICATION FEES
Current PrntE
1, 250 . 00
7l e*'x- pRo$ oe *ooa€**j
?be Ar-r- eiadao lofr AUP
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STATE 70
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Building
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15
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1543
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2077
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Assessor,/Treasu rer Property
County Officials I Counfy Services I Community I Videos
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Eagle Cou nty Assessor/Treasurer
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nt Number
210312204030
1814 GI.ACIER CT VAIL 282o rS*cL^:e Sr,l
Hs"tsqiU€- l\""{$ille.AL356o.S
2ro3t2204029 GOLDBERG, BARRY S. & KAREN
1814 GLACIER 'i{ti"^".qhE\. +lgrloa
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R044012 210312204033
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R044013 270312204034
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de I information for a selected parcel, click on the respective Account
Owner Name
THOMPSON, MARGARE -_.
SUB:LIONS RIDGE FIL 3 LOT:zl-B . \- {O. !F
BK-0579 pc-0998 MAp 11-03-95 C.\^lt* -
BK-0579 PG-0999 DEC 11-03-95
FLO n4€
SUB:LJONS RIDGE FI
07-29-96
BK.O679 PG-0998 MAP
BK-0679 PG-0999 DEC 11-03-95
H]RSH. CHARLES E. & NORMA B.
SUB:LIONS RIDGE FIL 3 BLK:2
LOT:20-B BK-0700 PG-0979 MAP
07-29-96 BK-0700 PG-0980 DEC "-+esJ+a X2.'a.th?
07 -29-96 F6soL
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07-29-96 BK-o7oo pG-0980 DEc 'trr
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SUB:LIONS RIDGE FIL 3 BLK:2 LOT:238
BK-0741 PG-0328 MAP 10-23-97 | |
BK-o74r pc-032e DEc 1o-23-e7 tt / t/19
BK-074r PG-0924 DEC 10-30-c7
R73822swD o8-2s-oo - q 6ao K
MURPHREE INVESTMENTS LTD
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JAMES J, BIGOS FAMILYTRUST
SUB:LIONS RIDGE FIL 3 BLK:2 LOT:23A
R774760 WD 11-06-01
M.L. HARRIS FAMILY PTNSHP LL(
KENNETH DAVID & IRMAK AYSE
DALE & JANEL -JT
SUB:LIONS RIDGE FIL 3 BLK:2 LOT:258
R736886 MAP 08-16-00 R737451 DEC
08-23-00 R798301 QCD 06-03-02
SUB:LIONS RIDGE FIL 3 BLK;2 LOT:248 ,a )athl
R718192 MAP 12-17-99 R718193 DEC _
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SCHMID, TERRY J. & JUDiTH C, -.
MARILYN P.
KEISCH, MARTIN & VICKI -JT
SUB:LIONS RIDGE FIL 3 BLK:2 , I
Lor:26-B R64eB3s MAp 03-17-e8 +l t | 1K
R649836 DEC 03-17-98 R719141 oCD
Lz-l7-ss R7zz67s ecD r2-27-ss
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R776036 QCD 11-26-01
STELZER, SHELLY R. - F BRAD. L
14 Record(s) Displayed.
1834 GLACTER CT VArL Tor. A,*,1_ gocj
6.rsB'1.S,, $3ttc/'gs
tr+t A 6tccle^ C+
Uc.iq , Qo. (16.57
R050026 210312204040
1844oGLtc+ER cr 'AIL lg3o9 He{",e" Pc,^€ Dn.
9a,3s9 91 o'ilio(.iiCi+n 9# sres
2ro312204039
1844 GLACIER CT VAIL
9oo5-fo.yga 69tS g. Qt" t''.opl
6ce e.r.,rooe $;ll
R051119 2t031220404t
1854 GLACIER CT VAIL \2oof,Jo.j4r' \ iaHo E\O'eo{e C+.
E a,i,i-.h. \ Eoe'rt*"^-, coto..Jst
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3GA.r Sc-L^ id
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i* .C\ o s d .l'\N . 56301'-?
1854 GLACIER CT VAIL
]roo! l€.14q,or3, 55b.1"1"
210312204038
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1864 GLACIER CT VAIL
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2to3L2204032"l;il;'i;;*' i F;1x"-6..ta6sT.i(e, ' r- ' 7 --;: ,, ^
21031220403 r
1874 GLACIER cr 'AIL \ t g a4 A e lo.cier.. (*.}o-3-f-oxea If a.+as.{ | Ua:Q'co I tasa
SUB:LIONS RIDGE FIL 3 BLK'? , '
Lor:26-A R64e83s ,oo or-ri-ru I I l'l hS
R649836 DEC 03-17-98 t Eqo k-
WARREN J. & GUERIN F
SUB:LIONS RIDGE FIL 3 BLK:2
LOT:22-B BK-0694 PG-0687 MAP
05-16-96 BK-0694 PG-0688 DEC
05-16-96
SUB:LJONS RIDGE FIL 3 BLK:2
LOT:22-A BK-0694 PG-0687 MAP
05-16-96 BK-o694 PG-0688 DEC
05-16-96
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, trintable Search Results reporto Page l ofl
Acaount # Pacel #
R033321
R083322
R083323
R083324
RGr3326
210312203003
ill"r:fl Mairins Addr€ss
WARD,
21o31ng3ooi wAyNEA. E oo14ooA1-"ffiil:;,T*
2103't203002 M|CHAEL &
l(AFtEN JT uoNs RTDGE
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PO BOX 86s
PO BOX 424
City
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Account # Parcel #
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fi, noooooz 21o3122ogooz
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A R006668 210312209003\?
1fi nooooos 21o3122osoo4\i/
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(9 R00667e 21o31220s012
f.l'rnar Physical
Address
ALLEGHENY OO14O2
ASSOC LLC MORAINE
DAUPHINAIS.
PATRICK G.. SR MORAINE
& SUZANNE E.
MARGARET
ANN HIGUERA OO1406
REVOCABLE MORAINE
LIVING
;ril;;: ;i.,,.,^001408:ll:ll'" t'u""oMoRArNE
I t\lJo I
TRAVERS,
RICHARD D. & 001422DEBORAH MORAINE
FERRIS
\A/ISLFGANG C.
DORNER
REVOCABLE
TRUST
HEADLEY
REVOCABLE
TRUST
BAKER.
MOMINE LTD
GISH, AMY
BECHER
RESNICK,
JEFFREY &
HELEN.JT
STITGEN,
JEFFREY R. &
GAIL.
BROOKS F.
BOCK QPR
TRUST - BOCK,
NISONOFF,
LAURENCE &
URSULA Y. -JT
FORST, TRACY
J. & STEPHANIE
G..JT
ACKERMAN,
DON E.
TRUSTEE
Mailing
Address
PO BOX 1844
.JT
PO BOX 1515
City State
FORT COLLINS CO
VAIL CO
zip
805'2x
81658
ttu*-tuoo/
001424
MORAINE
001426
MORAINE
001428
MORAINE
001850 LtoNS
RIDGE
001800 LroNS
RIDGE
001750 LtoNS
RIDGE
001650
MORAINE
MORAINE
001550
MORAINE
DR
.JT
1422 VA|L
MOMINE DR
PO BOX 655 HARTLAND
9820 E
THOMPSON
PEAK PK\AA/
732
1428
MORAINE DR
1850 LTONS
RIDGE LOOP
SCOTTSDALE
PO BOX 868 DENVER
STITGEN,
HAROLD V. &
N:t MTDDLEToN
HIGHLANDS
RANCH
5302e-0655 Y
85255
81657
81657
80201
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81657
81657
81657
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2708 S
PENINSULA DAYTONA BEACH FL 32118 )d
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H. & JANE Y. LIONS RIDGERIDGE LOOP
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210301407025
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WEST ASSOC
AVGERIS, GAIL
E.
BREAKAWAY
\ ,EST ASSOC
KAEMMERLEN,
WENDY LEIGH
PREZIOSO,
JOANNE B.
POBRISLO,
JAMES S., JR &
LISA L. .JT
HARRINGTON,
GARY P.
BURGHARDT,
LARS K.
SONDAD ENT
BURGHAROT,
HETGA
HARRINGTON,
GARY P.
CATHY S.
ROZEN
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210301407013 SoKoL, JOEL L. -
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2103o1407014 DIANE L. & LEE
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WLLIAM I.
FLEISCHER,
WLLIAM I.
PATRICIA A.
RICKMAN
REVOCABLE
TRUST
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KENNETH L. &
KATHRYN M,
VVEBB, JOHN R.
ELLIMAN,
DONALD M., JR
& MARY
SYLVESTER,
MICHAEL S. &
SARAH NASH
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THOMAS W &
KAY V.
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STEVEN C. &
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LIONS RIDGERIDGE LOOP
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THIS ITEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on , July 25, 2005, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a recommendation to the Vail Town Council of proposed text amendments
to 11-2-1, Definitions, Sign Regulations;12-2-2, Definitions, 12-3-6C, Notice, Hearings,
Administration and Enforcement, 12-7A-3, Conditional Uses, PA District, 12'7C-4,
Conditional Uses, Generally, Commercial Core 2 District, 12-7D-2, Conditional Uses,
Commercial Core 3 District, 12-7E-4, Conditional Uses, CSC District, 12-7H-5,
Conditional Uses; Generally (On all Levels of a Building or Outside of a Building),
Lionshead Mixes Use 1 District, 12-71-5, Conditional Uses; Generally (On all Levels of a
Buifding or Outside of a Building), Lionshead Mixed Use 2 District, 12'8D-2, Perrnitted
Uses, Ski Base/Recreation 1 District, 12-8D-3, Conditional Uses, Ski Base/Recreation 1
District, '12-gA-2, Definitions, Special Development District, 12-9A-16, Private Parking
Space Leasing, Conditional Use Permit, Special Development District, 12-9C-3,
Conditionaf Uses, GU District, 12-'10-178-1, Leasing of Parking Spaces, 12-'15'5E-3'
Additional Gross Residential Floor Area (250 Ordinance) Procedure,12-17-GB-3, Criteria
and Findings, Variances, 12-21-2, Definitions, Hazard Regulations, and 12-22-2'
Definitions, View Corridors, of Title 12, Zoning Regulations; 13-2-2, Definitions, 13-68-
18, Plat Approval Procedure, Gondominium and Townhouse Plats, 13-7'2, Definitions,
Condominium and Condominium Conversions 13-1 1-2, Certificate of Dedication and
Ownership, Sample Certificates, 13-1 1-3, Certificate of Dedication for Mortgage Holder
or Deed of Trust Holder, Sample Certificates, 13-11-4, Surveyor's Certificate, Sample
Certificates, 13-11-5, Title Certificate, Sample Certificates, 13-11-6, Clerk and Recorder
Certificate, Sample Certificates, 13-'11-7, Town Council Certificate, Sample Certificates,
13-11-8, Planning and Environmental Certificate, Sample Certificates' 13-11-9'
Administrator Certificate, Sample Certificates, 13-1 1-10, Certificate of Taxes Paid,
Sample Certificate, and 13-11-11, Certificate of Ownership, Sample Certificate, of Title
13, Subdivision Regulations; and 1ut-2 Definitions and 14-10-1, Accessory Structures;
Utilities; Service Areas, Design Review Standards and Guidelines of Title 14,
Development Standards Handbook, Vail Town Code, for proposed corections and/or
clarifications to the Vail Town Code, and setting forth details in regard thereto.
Applicant Town of VailPlanner: Rachel Friede
A request for a final review of a variance, from Section 12'78,-12, Height, Vail Town
Code, and Section 12-7P,-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-
17, Variances, Vail Town Code; and a request for a major exterior alteration, pursuant to
Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for
additions and exterior renovations to the Lodge Tower, located at 200 Vail Road/Lot 2,
Lodge Subdivision, Vail Village First Filing, and setting forth details in regard thereto.
Appiicant: Lodge South Condominium Association, Inc., represented by Mauriello
Planning Group
Planner: Bill Gibson
A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for a major amendment to Special
Development District No. 22, Grand Traverse, modifying the GRFA calculations for the
district; and a final review of a minor subdiMsion, pursuant to Section 13-4-2, Procedure,
Vail Town Code, to modify the sizes of Lots 4 & 5, Dauphinais-Mosely Subdivision Filing
1, and setting forth details in regard thereto.
Applicant Town of VailPlanner: George Ruther
The applications and information about the proposals are available for public inspection
during office hours-at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 97 0-47 9-2 1 38 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call97O-479-2356, Telephone for the Hearing lmpaired, for information.
Published July 8, 2005, in the Vail Daily.
,
THIS ITEM MAYAFFECTYOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code,
on August 22, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration
of:
A request for a worksession to discuss a recommendation to the Vail Town Council for
proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations;
Title 13, Subdivision Regulations; Title 14, Development Standards Handbook, Vail Town
Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth
details in regard thereto
Applicant: Town of VailPlanner: Rachel Friede/BillGibson
A request for a final review of a major exterior alteration, pursuant to Sections 12-7H-7,
Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional
use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or
Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level,
Vail Town Code, to allow for the development of 106 multi-family residential dwelling units,
located at 728 West Lionshead Gircle/Lot 2, West Day Subdivision, and setting forth details
in regard thereto.
Applicant Vail Corp., represented by Tom BraunPlanner: Wanen Campbell
A request for a final review of an amended final plat, pursuant to Chapter 13-4, Minor
Subdivision, Vail Town Code, to allow for a resubdivision of Lot 1, Cliffside Subdivision and
Lot 51, Ridge at Vail Subdivision, located at 1452 Buffehr Creek Road, and setting forth
details in regard thereto.
Applicant Mike YoungPlanner: Wanen Gampbell
A request for a final review of a variance from Section 12-6D.9, Site Coverage, pursuant to
Chapter 12-17, Yanances, Vail Town Code, to allow for the construction of a new fireplace
and chimney, located at 175 Forest Road/Lot 26, Block 7, VailMllage Filing 1, and setting
forth details in regard thereto.
Applicant: Jack and Karen Ryan, represented by Michael Suman
Planner: Elisabeth Eckel
A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for a major amendment to Special
Development District No. 22, Grand Traverse, modifying the GRFA calculations for the
District; increasing the number of lots for the District; and a final review of a minor
subdivision, pursuant,to Section 13-+2, Procedure, Vail Town Code, to modify the size of
Lot 5, Amended Final Plat, Dauphinais/Mosely Subdivision Filing 1, A Resubdivision of
Lots 5, 6, 7, 8, 9, and 10, and setting forth details in regard thereto.
Applicant Grand Traverse Homeowner's Association, represented by Pat Dauphinais
Planner: Warren Campbell
{N3
'. \
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 Soutfr
Frontage Road. The public is invited to aftend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-47$2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
e.all970-479-2356, Telephone for the Hearing lmpaired, for information.
Published August 5, 2005, in the Vail Daily.
,}
t
To:
From:
Date:
Subject:
LegatFite
MEM.RANDUM
Community Development Staff
December 16,2005
Adjacent Property Owner Notification for the amendment to SDD No. 22,
Grand Traverse, to eliminated GRFA regulations
During the review procedure for the proposed amendment to Special Development
District (SDD) No. 22, Grand Traverse, to eliminate Gross Residential Floor Area
(GRFA), a question was raised as to whether the owners of the Roost Lodge were
notified of the amendment. Staff looked at the adjacent property notification list and
found that the owner of the property at the time of notification, August 5, 2005, was
Lester Warpecha, P.O. Box M73, Frisco, CO 80443, per the information on the Eagle
County Assessor's website.
Attached is an email conespondence from Mary Kessler of the Eagle County, ffice of
the Assessor, detailing when the new ownership information was input into the Eagle
County database. According to her conespondence the actual sale date of the property
was Jufy 25,2OO5, prior to notification on August 5, 2005. However, the data was not
avaihble for use by the public to find ownership information on the webpage until
September 29, 2005, when it was input by the assessor, after the notification was
mailed.
Page I of2
Warren Campbell - RE: EC website
From:
To:
Date:
Subject:
CC:
"Mary Kessler" <Mary.Kessler@eaglecounty.us>
"Sean Koenig' <SKoenig@vailgov.com>
12/09/2005 4:58 PM
RE: EC website
"Warren Campbell" <WCampbell@vailgov.com>
Sean,
The website is running on "real time," As soon as we hit update in our office, you see the new information on
the website. Parcel Number 210312302001, Account Number R013742, transferred from WARPECHA, LESTER
W., EVA A., ZBIGNIEW, & ROSEANN to TIMBERLINE ROOST LODGE LLC in the Assessor's Office database on
September 29, 2005. The actual sale date was July 25,2005. There are a few reasons why there is lag time
between a sale date, recording date and update in the Assessor's ffice database. 1 - While ownership transfer
is ongoing, the Assessor's ffice follows the State Assessment Calendar - which means that cerhin tasks take
priority over other tasks. This year was a reappraisal year and beginning on May 1 most of our adminisbative
manpower was used to process the three levels of appeals (Assessor, County Board of Equalization, and Upper
Level - Arbitration, District Court and Board of Assessment Appeals). 2 - We receive deeds in the Assessor's
ffice after processing occus in the Clerk & Recorde/s Office. For example, today is December 9 - however
we currently have access to deeds recorded on November 18 - and, we are currently working on inputting
November 7ut deeds. 3 - There is one other "catch" to using the website - - there is a state law protecting
law enforcement personnel from having personal information available on the internet. When requested by the
law enforcement personnel, their property is not listed on the website. I'm not sure what the correct answer is
- - however, at any time - there could be a deed being recorded that the Assessor's Office may not see for
anywhere from 3 weeks to tvyo months.
Let me know if I can be of any further information or help!
Mary Kessler, Administrative Manager
Eagle County, Office of the Assessor
(970) 328-8640
mary.kessler@eaglecounty. us
From: Sean Koenig [mailto;SKoenig@vailgov.com]
Sent: Thursday, December 08, 2005 2:43 PM
To: Mary Kessler
Cc: Warren Campbell
Subject: EC website
Mary,
I have a question that I'm hoping pu and/or your staff can help us with...
file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 12/16/2005
Page2 of2
C:n you tell me at what date the most recent ownemhip information was updated for parcel #: 210312302001?
And can you also clarfi how soon after the Assessor office records are updated that the info becomes reflected
via the E.C, website?
Here's my reason for asking...
According to a planner in our office (Warren Campbell), an applicant proposing to do some work in west Vail
earlier this year had to send out an adjacent ownership list for their proposed development. During the
process there was a change in ownership for one of the adjacent properties and the notice went to the "wrong"
person, Now there is some "controversy" (surprised?!) over the project and we are trying to identiry the point
at which the ownership informaUon that the applicant had available was updated for the aforementioned
parcel. It won't matter one way or another as far as you and I are concemed, but the answer you provide may
or may not clear up some confusion and avoid a potenual lawsuit between the two parties.
Based on the latest Assessor CD you provided to me (Sept./05) I show the previous owner (Lester Warpecha)
for that parcel which leads me to believe that the ownership information might have been updated after
Sept. But I would appreciate if you clariff and, if possiblg also let us know when that information was updated
for public access,
Warren Campbell will likely follow up with you on the matter if there are further quetions after we hear from
you. In the mean time, please call me with questions.
Thankyou in advance for any info you can provide regarding the matter!
Regards,
Sean
file://C:\Documents and Settings\Adminishator\Local Settings\Temp\GW)00001.HTM 12116/2005
a
lown
75 routh fronlrge road
Y!ll, colorado 81657
(@)479213E
(303) 4792139
April 18, 1990
Thank you for yourfeel free to callthis project.
Sincerely,
Mrs. ilill S. DowdP.O. Box 3128VaiI, CO 81658-3129
RE: Lots 2, 3,4,5, Filing 3 and Lot 1, Filing 2, LionsridgeSubdivision.
Dear Mrs. Dowd:
on April 17, 1990 the Town council accepted the georogic hazardstudy by R.J. rrish on the above referenced lots and iirected thestaff to anend the official rockfall nap accordingly. Therockfall nap will be nodified to indicate that these five lotsare now classified in the rnoderate severity rockfalr zone. rnaddition,.the Irish report and a copy of tiis tetter will beincluded in the pennan-nt files for-each of these five lots.
offlce of communlty developmenl
patience during this review process. please
ne with any questions you may have regarding
,<- c)
1 \Dt'"JgAS.lr--
Tom Braun
Town Planner
TB/PP
Office of Community Development
Town of Vail
75 S. Frontage Road
Vail, Colorado 81557
March 12,1990
Subject: GEOLOGIC HAZARD CLASSIFICATION for Lots 2, 3, 4, 5.
Block 3 Filing No. 3, and Lot I Filing No. 2, Lionrs Ridge
subdivision, Vail, Colorado.
Director of Community Development:
On behalf of myself, Jill S. Dowd, owner of lots 2, 4,5, in filing No. 3
and Mr. Bruce Canton, owner of lot 3 filing No. 3 and lot I in filing
No. 2, I would request a hearing before the Town of Vail council to review
the classification of our lots in the Geologic Sensitive Area Map.
We would desire that our lots be reclassified to a Moderate Risk Rock Fall
Area from its present High Risk Classification. I am submitting a site
specific Aeologic report from Mr. Robert James lrish which supports our
request for the re-classification. My address is; Jill S. Dowd, P. O. Box
3128, Vail, CO 81658-3128 and Mr. Cantons address is; 1853 Lionrs Ridge
Loop, Vail, CO 81657.
Please feel free to contact dre if there are any questions concerning our
request. Thank you for your cooperation.
Sincerely
Bruce O. Canton
7101 l bst Yale
A\€nue. No 501
Denver, Colorado 80227
303-985-6658
R. J. lrish
Consulting Engineering
Geologist, Inc.
October 2, 1989
Canton Congtructlon Company
1853 Llons Ridge Loopvall, co 81657
Attn:Mr. Bruce 0. Canton
RE: Geologlc Hazards Study, Lots 2, 3, ll & 5, Block 3'
Ftling No. 3, and Lot 1, Flltng No. 2
Lions Rldge Subclivlsion, Vall, Colorado
Job No. 190(126)
Gentlemen:
As requesied by your Hr. Bruce ganLon, the underslgned conducted an engtneerlng
geologic reconnalssance of the flve subJect loLs, xhlch occupy a gector of the
iouth-faclng slope of the Gore Creek Valley lomedlately northeast of the Buffehr
Creek Valley at the easLern end of the Uest Vall area. The four lots are located
ln the SWl/ll , NWI/ll , Sec. 12, T.53., R.81W., Ea8le County, Colorado (Flgure 1).
Ouc obJectlve Has to 8enenally outllne geologtc condltlons across the study area
and to assess shelher any of those condlttons constltute geologlc hazardg
sufflclenLly severe to restraln or preclude development Of the property as
planned. t{e understand slngle fanlly and/or duplex residences aPe to be
ccnstructed on these four lots.
From Llons Rlclge Loop, at about E}ev. 81 20 teeE to 81 30 fee!, the lots exlend
northward up the slope of a 1ong, narrou' uest-trendlng rlclge spur of the valley
slope to about Elev. 8250 feef- The rlctge crests ab about EIev.8ll40 feet to
EIev. 8450 feet. The slope dlstance from Llons Bldge Loop to the top of the
rldge ls on the order of 600 to ?OO feel . From lhe rldge crest dol'n to about
EIev. 8220 feef (about the center of the lots) the Eround slopes at about 1'75:1 '
rhereae beloH that elevallgn !o Llons Rldge Loop the Sround slopes at about
3.6:1. t|e underst-and the homegjqqld-b.e.const.ructed adJacent to Llons Rldge Loop
on tn" flatieF-1o#f'Ec'^rrs-oitne lot. The steeper' upper part of the rldge
slope ls dlsrupted by 2 main rock bl.uffs ranglng from lO fee! to as much as 50
feet htgh. A few trees are scattered across ihe study area, but for the nost
part, vegelatlon 13 ltmlted to brush and natural grasses'
Sedineniary rock strata of the Pennsylvanlan-age (290 to 330 ntlllon years a8o)
Mlnturn Format,ion consUltute bedrock across the stucly area. These strata lnclucle
oralnly sandsLones, a few shales and a feu thlck llmeslone unlts. These dlp
northlrard lnto the hlllside at 30o to ll0o.
Consultant to Desrgners, Conltaclors. Planners
R. J. lrish
Consulting Engineering
Geologist, Inc.
Canton ConslrucElon Cigmpsny
October 2, 1989
Page 2
The bedrock, however, ls blankeged (except for the rock bluffs) by slopevash and
talus solls down Lo about Llons Rldge Road. Below Ltons Rldge Road a Hest-
southHest trendlng rldge spur of glaclal noralne ls plasLered agalnsi the foot of
the slope (Flgure 2). The sandstones typleal.Iy are flne-gralned and flne to
coarse-gralned. They are 1ocally conglomeratle, thln to trasslve bedded, seak to
strong, and the Jolrrts are tlldely spaced. The llmestone 1s flne-gralned to
mlcrocrysLalllne, strong to very strong, thlck-bedded and wlth Jolnts wldely
spaced. The unconflned compresslve strengths of the sandstones probably range
from 10,000 psl to 15,000 psi, rrhereas those of the llmesLone range probably to
30,000 psi. The shale unlts typlcally range from seams wlthln the sandsfones lo
thln-bedded unlts up to a foot on so thlck. Thoee thlcker unlts, however, are
rare. The uneonflned compresslve gtrengths of the shales probably range betueen
2,000 psi and 6,000 psl.
The slopewash and talus soi19 are unstratlfled, gandy, Sravelly' eobbley clay
r{tth scattered boulders, Thls ls malnly sandstone debrle. The solls form an
apron developed below the sandsbone bluffs down to Llons Rldge Loop, thus range
from a wedge-edge upslope to probably as nuch as 10 to 20 feet thlek adJacen! to
the road. These 9o:ils have been deposlted prlnarlly by lheet rash' thus are
expected !o range from loose to medlum dense, and probably are gubJecE to
dlfferenuial setLl.emeni when retEed.
South of Llons Rldge Loop, the glaclal roralne sotls are prlnctpally a hetero-
geneous mlxiure cf sand, gravel, cobbles and boulders ln a sllt to clay natrlx.
The solls include both sandstone and granllic rock debrls.
Except for a pobentlal. rock fall hazard, xe found no evldence of potentlal
geologlc hazards Hithin the study area. So long as dHelllnRs are-construeted
wlthtn these lots withqut slgnlf lcantly cllgjglr'g_ !h9_exlsf !n8-Sround_,c_ondl_!lons,
thus the stablittt;f-Jh-e-OT1S-and/o'i- rock L,lthln the bulldlnd- ilu6i and
vlclnlLy, slope stabillty should not be lmpalre<!. Cuts and fllls on the lots
should be r<.-EFt--16tr-Tf ..e. ;--6n-trs-oroer of- 3 feEu'- on less) ' 9lj!9-ulr1-.uegeotechnlcally deslgned. No unusual or gCvere geology-relatecl DulIdInEmTi;,:Jff':""''"
streels, rightg-of-nay, easemenlg, utllltles or facllttles-
The outcrops of rock, princlpally sandstone but lncludlng some layers of
llnestones as well, Jut out of the r1d8e slope as lon8, narroH bluffs as much as
50 feer high (Flgure 2). Col_eelvably rqct<--bloc$_9nd_Eg!-esjqu*I-d _t--oPple fnom
these bluffs to rol.1 and bounce doHn the slope. These theoretlcally could
constltute a hazard Co buildlngs constructed on the 31ope E-C-fdu.-TheI'iock falt
Tibi, te bel-Teve, nEeds to--Slconslcler frrFms of both the pro_ballllty of an
event and the severltl of the event (the slze of a parLlcular block that could
toppl e )
The rock formlng the lower bluff from about Elev. 8340 feet to EIev. 8380 feet
and exiendlng eastward along the slope above and easL of the eastern half of Lot
No.5 appears to be slgntflcanLly oore blocky (F18ure 2). -Thoie'-blocks from
place to place sppear to be Eore prone to loppllng than elsevhere wlthln the
gtudy area. Thls ls evldenced by a fan of old rock blocks that are scatLered
below the blurf ebove Lot I and eastward ror about 230 feet' Consequengry' ue
have Juctgecl the rock hatClE-l-!-g! for mosL of Lot 1 and a small pant.-gf Lot q t"
ue neirui. Thrs ttng the rock
bl&[s-that can be removed by crosbalrtnS. Addlblonal]y' trrg larger bl'ocks
denoted by X's numbered 1 anct 2 on the geoioSlc nap (Flgure 2)@'5e remi-ved
by llEht brastlng. Afiernatlvely, those rock blocks coul-d_.b1 p]Lp_ned wlth- rock
5oftS. Removal aDpears to us to be a preferable answer, ho1ever. Scallng of
Iobse slabs an<l blocks could be extended to the rock outcrops to the uest also.
Thls yould be nerely an lnsunance neagure ihat Hould reduce the already loH risk
of rock falls by only a small lncrement.
'lt'.(,*
R. J. lrish
Consulting Engineering
Geologist, Inc.
Canton Constructlon Conpany
October 2, 1989
Page 3
tJe betleve the rock faII r-lsk, ln terme of probabtlity, f.l_lqt{ -lfor LoLs 2, { and
most of 5, buL ls 3uogea-CJbe medium across most of Lob'-l and a srnall area at
the southeasLern corner of Lot 5]Ftgure 2). The bluffs ibove Lots 2, J, ll and
eost of 5 are relatively nari.bT and are fonted of sandstone ihat appears bo be
relatlvely oasslve. Although He found evldence of looseness of a few thln plabeg
and smal.] blocks of rock, for the nost part the rock across the ledge ln the
vlclnity of Elev. 8330 feet to Elev. 8345 feet and the nore proolnent bluff ln
the vlclnlty of 81ev.8380 feet to Elev. 81120 feel appears to be relatlvely
lntact. The Jolnts tha! are open tend to be perpendlcular to the slope rather
than parallel to 1t.' Moreover, the strata dlp lnLo the slope rather than out'
thus rock blocks are nuch less llkely to topple rlbh those planes aE their basal
separatlons.
0ver geologlc tlme, blocks have separated from those two bluffs, but mosL of
those appear to be qulte old. Many are partly burled ln the gloperrash and Lalus'
and the fresh rock gurfaces orlglnally exposed by the breakup of those rock
Dasges as they fell are now ueather-coated. This evldences conslderable
anttqulty. l{ith rare €xceptlon, these blocks have scatbered only sbout 150 to
200 feet downslope from the bluffs frorr nhlch they are derlved. The resldences
to be consLructed yould be placed more than twice that disLance away from the
bluffs. Hosl of lhe rock blocks have broken up when they toppled lnlo smaller
platy masses that have noL Lravell.ed far from lhe oulcrop. They are trapped by
the vegeLatlon and other rock blocks sLrenn across the upper part of the 81ope.
l{e cannot completely dlspe1 the posslbillty that, ln some fuLure Llme large rock
blocks toppling from these two outcrops may lnvade trgt.s 2, -3; -4-and 5, but Lhe
SeoIOglc eyidence ln(llCates thaL those eventE are rare and the risk forr.
Consu lting Englneering
Geologist, Inc.
F. J. lrish
Canton Constructlon CooganY
October 2, 1989
Pege {
tfe hope the ebovc cooocnts ulll be of
pcopcrtlsc. It you have any qucttlont
our Hork, pleacs feel fraa to aall.
Englneerlng G€oloSltt
RJI:ct
tou ar you dovilop there!o dtaougs Jry atpeot! of
loDc !€rvloc to
or voulrl ltkc
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-
SCALE IN FEET
R. J. IRISH
coNsuLTlNG ENGIIIEERING GEOII)GIST, lilc.
PROPERTY LOCATION MAP
DATE , 9,/3Ol89 JOg NO.: 190 (t26)
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